In the Competition for Trusteeship, in sequestration of WILLIAM DAWSON, farmer at Barrogill Mains, Canisbay, Caithness; between GEORGE LAWSON, Distiller, Clynelish, Sutherlandshire, and WILLIAM LAWSON, leather merchant, Huntly, Aberdeenshire, and JAMES ADAM, commission agent, Wick.

Bankruptcy-Prescription-It was objected to a bill as a voucher for a claim to vote for the election of a trustee that it was prescribed.-Held, that prescription was elided by a declaration of the bankrupt on a residue account produced, in which the debt was admitted.

THE following objections were taken to the competitor Adam:

The said George Lawson, and William Lawson, object to the votes, in favour of the election of the said James Adam, by Thomas Adam, bank agent in Wick, as mandatory for the alleged creditors, after named, upon the grounds after mentioned, viz.—

1. The vote of the said Thomas Adam, as mandatory for the Aberdeen Town and County Banking Company, is objected to, in respect that the mandatory has incompetently restricted the amount of the sum on which his constituents claim to vote, by deduction of the fourth acceptance mentioned in the schedule annexed to the oath of verity, it being incompetent to make such restriction, or deduction (which is truly a correction of the oath) except upon oath.

2. The vote of the said Thomas Adam, as mandatory for Alexander Roy, farmer, Waterton, parish of Insch, is objected to, in respect, that although there is an obligant on the vouchers founded on by the creditor, bound with, but liable in relief to the bankrupt, the creditor in the oath does not put a value on the obligation of such obligant, and deduct such value in terms of the statute.

3. The vote of the said Thomas Adam, as mandatory for Robert Johnston, lately merchant in Huntly, now in Aberdeen, and William Dawson, farmer at Barrogill Mains, the executors of the deceased Mrs Elizabeth Smith, or Hutcheon, sometime Dawson, and sometime residing in Princes Street, Huntly, is objected to, in respect; (1) that the bills produced with, and founded on, in the oath of verity, as vouchers, are prescribed; (2) that the claimants have no real interest, at least to the extent claimed, because one-half of the debt, though due, belongs to the bankrupt; (3) that one of the mandants is the bankrupt, and, (4) that interest is charged, in the oath of verity, to a date beyond the date of sequestration.

Parties' procurators having been heard on these objections, as well as on those to the Messrs Lawson, the Sheriff-Substitute pronounced the following Interlo

cutor:

The Sheriff-Substitute having considered the proceedings, notes of objections lodged, and heard parties' procurators claims of parties, and vouchers produced therewith, mutual thereupon; for the reasons stated in the subjoined note, declares James Adam, commission agent, Pulteneytown, to have William Dawson, farmer at Barrogill Mains, in the parish of been duly elected trustee on the sequestrated estates of Canisby, and county of Caithness, in terms of the Act 19 and 20 Vict., c. 79.

NOTES.-1. Vote of Mr Collie, as mandatory for the North of Scotland Banking Company, and of Mr Westland the manager. the ground of debt, is still current, and not due till 6th Nov. This vote is objected to, in respect that the bill, which is next, and there is a primary obligant on it. That it is a contingent claim, and no valuation has been put in respect of the primary obligation in terms of the statute. The objection is sustained.

ander Roy, is objected to, on the ground that there is a co2. The vote of Mr Thomas Adam, as mandatory for Alexobligant, on the vouchers founded on, liable in relief to the bankrupt; and no valuation has been put thereupon. The objection is sustained.

3. The vote of Mr Adam, as mandatory for the executors of Mrs Elizabeth Smith, or Hutcheon, sometime Dawson, is objected to on various grounds; (1) that the bills produced, and founded on, are prescribed.

The case of Lockhart, 1st July, 1849, might justify this objection, but it is elided by the written declaration of the bankrupt, on the residue account produced, in which the debt in question is admitted by him, as an asset due to the estate of which he was one of the executors. These bills are not specifically enumerated therein, but the slump amount is given, and reference made to the confirmation in which they are specified. (2) It is objected, that the claimants have no real interest in the debt, to the extent claimed, because onehalf of the debt, "though due," belongs to the bankrupt.

This objection seems inconsistent with the former, which asserts, that there is no debt due at all. But, be that as it may, the interest of the bankrupt, in any part of the debt, executors on the estate exercising, as in this instance, their may be a matter for future explanation, but no bar to the right of claiming for it. (3) It is objected, that the bankrupt himself is one of Mr Adam's mandants. He is so, in his character of an executor, but if any disqualification attaches to him on that account, which is not admitted, the mandate, by his coexecutor Mr Johnston, is valid, notwithstanding.

4. Interest is said to be charged to a period beyond the date of sequestration. This objection has been removed, in terms

of the statute.

The objections to the vote have been repelled, and the vote sustained.

5. The vote of Mr Adam, as mandatory for the Aberdeen Town and County Banking Company, is objected to, on the ground, that, without any formal correction made in terms of the statute, he, at voting, restricted his claim to vote, leaving out the amount of a bill which was comprehended in the oath of verity.

entitled to limit his interest in the election, to an extent, the The objection is repelled, in respect that the party was amount of which is not disputed.

The foregoing notes upon, and disposal of, the objections, ance, declaring the election of the trustee. are condensed, and given effect to, in the foregoing deliver

Agent for Adam-W. MILLER.
Agent for Lawson-JOHN M. NIMMO.

INDEX.

Act of Grace. See Aliment.
Arrestment-In an action of forthcoming
a compearer. produced the following
document:-"I authorise you to pay
D. M'Gillewie £10, being amount due
me for work." This was signed by
the common debtor, and had an order
or receipt stamp for one penny at-
tached.-Held, that this was a good
assignation of the sum due, and the
holder preferred to a subsequent
arrester, 8.

Affidavit-Additions made to an affidavit
since being sworn to without the
authority of magistrate who signs
relative, claim rejected, 34.
Affiliation. Held, that an offer of
marriage was no defence to an action of
aliment for an illegitimate child, 175.
Assignation-An open account was
assigned by an order or draft, and an
adhesive penny stamp affixed, but on
which, though partially written over,
the assignor had not written his name
or his initials. The assignee having
raised action on the account, the
defence of no title to sue was repelled,
because (1) the 16 and 17 Vict., c.
49, only imposed a penalty on failure
to comply with its directions as to
cancellation of stamps, but did not
declare the documents null; and (2)
the document founded on was not an
assignation requiring a stamp of a
higher denomination, 17.
See Arrestment.

Aliment-A petition for law-burrows

was presented, and the party com-
plained on was ordained to find
caution, failing which, warrant of im-
prisonment was granted; caution was
not found, and the warrant of im-
prisonment was put in force.. The
party imprisoned then presented a
petition for aliment under the Act of
Grace.-Held by the Sheriff, and
acquiesced in, that the original respon
dents were entitled to have an aliment
modified to them under the Act of
Grace, and aliment granted accord-
ingly, 20.

See Affiliation.^

Atheist-A witness tendered, judicially

admitted his disbelief in the being of
a God and a future state of rewards
and punishments, rejected, 21.
Antenuptial-Contract-By an antenup-
tial-contract of marriage, the future
wife conveyed all her heritable and
moveable property to trustees, of
whom her future husband was to be

one.

His jus mariti was excluded,
but not his right of administration.
The marriage was solemnised, and the
parties cohabited together for some
time, but during the temporary ab-
sence of the husband, the wife left his
house and carried away all the house-
hold furniture mentioned in the con-
tract, whereupon the husband pre-
sented a petition craving restoration,
and warrant to search and bring back.
Held, that as the life-rent of her
whole estate, heritable and moveable,
was to be paid to the respondent,
exclusive of her husband's jus mariti,
as trustee, the petitioner was not
entitled to take the furniture from
her, and petition dismissed, with
expenses, 27.
Assythment-

Circumstances in which damages
were found due for the death of a
workman in consequence of the in-
sufficient boxing of machinery about
which he was employed, 40.
An action was raised against a rail-
way company by a widow to recover
damages for the death of her hus-
band. In bar of the action it was
pleaded that the pursuer and the
next of kin of the deceased had
signed a discharge for a sum of £25
-the contents of a policy effected
by the company over the life of the
deceased, (a sum to meet the
premiums of which had, however,
been retained out of the deceased's
wages), and a general discharge for
all claims or demands competent to
them. Held, that the same solem-
nities are required in discharging
obligations as in contracting them,
and that the deed being neither
holograph, nor signed, nor tested

in terms of law, was null, and
preliminary plea repelled, 43.
Circumstances in which held, in an
action against a master, that in-
juries causing death had been
occasioned by the recklessness and
carelessness of the party injured
and of his fellow-workmen, and
defenders assoilzied, 62.
Circumstances in which a coalmaster
held liable in compensation for
injuries sustained by a miner from
a defect in the workings, 68.
Circumstances in which damages
awarded against the executrix of an
employer for injuries sustained by
a workman, 71.

One of the bye-laws of a railway
company was that "no engine shall
travel on the wrong line of rails
except under circumstances of ac-
cident or repairs, as specially pro-
vided for in these rules." Engines
did, however, travel on wrong
lines under other circumstances
than those of accident or repairs,
and this was alleged to have been
known to the workmen. A work-
man at his duty, and in his proper
place, was injured so severely that
he died in consequence of having
been struck by an engine travelling
on a wrong line. Held, and ac
quiesced in, that the injury having
occurred in violation of their own
bye-laws, the alleged knowledge by
the workmen of the violation could
not free the company, and damages
given accordingly, 121-122.
Assythment. See Solatium.
Advertisement. See Contract.
Assessment. See Parish Church.
Advance-A made certain advances to
B, in security of which goods were
pledged. The immediate advances
were repaid, but A refused to deliver
up the pledge, on the allegation that
B had formerly been a member of a
firm which was indebted to A, and
that the present advance was only one
of a series, and he was entitled to a
general right of retention of B's goods
for the Company debts.-Held, that

as the goods in question had been
specially pledged for a special advance,
and as that had been repaid, A had
no right of retention, 147.
Appeal. See Bankruptcy.

Bankrupt. See Sale.

The claimant on a sequestrated estate
gave, as the voucher for an item of
his claim, a promissory note for
£2000, on which appeared what
purported to be the signature of
the bankrupt. The bankrupt
denied the genuineness of the sig-
nature, and the trustee rejected the
claim. On appeal, a proof of the
signature was allowed, and, on
advising the proof, held the signa-
ture to be genuine, and the trustee's
deliverance recalled, 100.
Objections to Sheriff interponing

authority to deed of arrangement
on a bankrupt estate, repelled, 109.
Bankruptcy-

A creditor obtained a decreet against
his debtor, on which a charge was
given sixteen days thereafter; the
charge not being removed, the
debtor granted a trust deed. The
charger did not accede to the trust,
but four days after its date he
executed a poinding of part of the
truster's effects. On a petition for
interdict at the instance of the
trustee, held, that as the granter
of the trust was Notour Bankrupt
when he signed the deed, it was
granted in defraud of the poinding
creditor; the deed declared void,
ope exceptionis, and interdict re-
fused, 7.

Personal objections sustained- -con-
junct and confident, repelled, 12.
One brother made advances to ano-
ther, and for a portion of these ad-
vances he took two promissory
notes. These notes were never
discounted. The borrower becom-
ing bankrupt, the lender lodged a
claim in the sequestration founding
on the promissory notes. The trustee
rejected the claim on the ground
that in the circumstances the pro-
missory notes did not per se prove
the debt. The claimant appealed,
but the Sheriff affirmed the trustee's
deliverance, 18.
Circumstances in which, held, on
appeal, that a promissory note pro-
duced with a claim for ranking on
a sequestrated estate was granted
fraudulently, and the trustee's de-
liverance, rejecting the claim, ad-
hered to, 25.

IO U's granted by a son to a father,
and by one brother to another,
unsupported by any account show-
ing why they were given, rejected
as grounds for voting for a trustee
on a sequestrated estate, 28.
Claims lodged at the beginning of a
meeting for the election of a trustee
on a sequestrated estate, but the
vouchers of which were not pro-
duced till after the election of
trustee, but before the meeting was
closed, held to be unvouched claims,
and the votes given on them to be
bad, and rejected, 30.
Claims by executors on a bankrupt

firm, with the partners of which
the deceased was closely related,
admitted in a competition for the
office of trustee, but further in-
vestigation recommended to the
trustee before ranking, 33.
Documents, not in re mercatoria,
granted on the eve of bankruptcy
to brothers and sisters and unsup-
ported, rejected as grounds for vot-
ing for trustee, 34.

Where the goods have been sold, but
the vendee has become insolvent
before delivery, it is his duty to take
the goods, only custodia causa, and
if he does otherwise, by taking the
goods into his stock, an action of
restitution will lie, 49.

G. & L. were partners of the B. Co.,
who bought from the former two
Derrick cranes and gearing, but no
price was paid nor delivery given.
Five days after the sale G. & L.
were sequestrated. The trustee
proposed to sell the cranes as part
of the sequestrated estate. The B.
Co. obtained interdict against the
sale, and thereafter presented a
petition for delivery, alleging that,
at the date of the sequestration of
G. & L., they owed a balance
which more than compensated the
price of the cranes. On a report
on the state of the accounts between
the parties at the date of the seques-
tration, it was found that there was
a balance due by G. & L. which
exceeded the price of the cranes.
Held, that the sale was good, even
retenta possessione, and that the
sellers only held them, liable to a
right of retention for the price, but
this right flew off, as the price was
more than compensated by the sum
due to the purchasers at the time
of the sale, 52.

Circumstances in which a claim, in-
sufficiently vouched, was rejected,

61.

Objections to claims by a father-in-
law and law agents, that the
claimants were conjunct and con-
fident, repelled.

Objections that bills had been got up
from a bank, and for which the
claimant had given no value, for
the purpose of voting, repelled, 158.
Held, incompetent to demand a scru-
tiny by the Sheriff of the votes given
in support of a resolution of creditors
except under an appeal in terms of
sec. 169 of the Bankruptcy (Scot-
land) Act, 1856; and that a caveat
was not a form by which, under
the statute, such a resolution could
be brought under review, 160.
A claim was lodged in a sequestration,
vouched by a document which
required to be stamped, and on
which a vote was given in the
competition for the trusteeship.
The vote was objected to, as not
properly vouched. Held, that it
was competent to sist process to
allow voucher to be stamped; and
document having been thereafter
stamped, claim and vote thereon
held good, 164.

A bankrupt, after the lapse of two
years from the date of his seques-

tration, applied for discharge with.
out composition; and as the ac-
countant in bankruptcy had reported
that there was no evidence that the
petitioner had fraudulently con-
cealed any part of the estate or
effects, or wilfully failed to comply
with any of the provisions of the
Bankruptcy Act of 1856, the Sheriff
(notwithstanding certain circum-
stances) felt himself bound to dis
charge the petitioner, 167.
See Sale-See Stoppage in Transitu
-Notour.

Burgh Procurator Fiscal-

The Procurator Fiscal of the Burgh
of Glasgow, qua Fiscal, has a good
title to apply for interdict to the
Sheriff of Lanarkshire against
preaching in a thoroughfare, where
there may be danger of a breach of
the peace being committed, or
injury to the person sustained, 41.
Bill. See Bankrupt.

A bill stamp was signed by a party
who alleged that, when he signed
it, the name of another party was
there also. An action was raised
to recover the contents of the bill
against the party whose name
appeared at the bill. An averment
that the bill was vitiated, the other
name alleged to have been to the
bill having been cut away, repelled,
and held that, ex facie, the bill was
not vitiated in essentialibus, 85.
Bill. See Stamps.
Bastard. See Examination, Judicial.

Contract. See Charter Party-Adver
tisement.

In a contract between a shipowner
and a sailing-master, certain words
were, ex facie, interlined, but were
not specially noticed or initialed by
either party; a proof before answer
was allowed, whether the interlined
words had been inserted and read
over to the master before subscrip-
tion. Held, on construing the
proof, that they had not been so
inserted or read; that the words
were to be held pro non scriptis,
and quoad that part of the account
claimed-action dismissed with ex-
penses, 5.
Construction.
Party.
Carrier-
Goods sent by railway were directed
to lie till called for. On arrival at
their destination, they were deposited
in a goods shed used by the railway
company. Five or six days after
the goods had arrived, and before
they had been called for, the shed,
with all its contents, was consumed
by accidental fire. - Held, that
under the contract the transit con-
tinued till the goods were called for,
that there had been no mora, and
that the railway company were
liable, as carriers, for the value of
the goods, 15.
Condition. See Carrier.

See Contract-Charter

A Railway Co. having two sets of
charges-one for the conveyance
of goods at the owners' risk,
another at the Co.'s risk, a condi-
tion stipulating that "the sender

undertook all risk of delay or
damage" was held to be reason-
able, and, therefore, that the Co.
were not responsible for the goods
being found at the end of the
journey to have been broken-the
cause of the damage not being
ascertained, 99.
Conjunct and Confident.

ruptcy.

Collusion. See Bankruptcy.
Competition for Trustee.
ruptcy.

Charter Party-

See Bank-

Held, and acquiesced in, that in con-
struing a charter party, the words
"legal merchandise" must be under-
stood, in the absence of any ex-
clusion, to mean that the ship is
bound to carry all goods which will
pass the Custom House, and can be
put down the hatches and received
into the hold, without cutting the
deck or any part of the vessel, 44.
Custom of Trade-

Held, that there is no custom of trade
by which, under a charter, without
an excluding clause, a ship was
only bound to carry such goods as
she could easily load and unload
with her usual tackle, 44.
Condictio Indebiti. See Income Tax.
Compensation. See Bankruptcy.
Collaborateur-

Circumstances in which held, in an
action against a master, that injuries
causing death had been occasioned
by the recklessness and carelessness
of the party injured and of his
fellow-workmen, and defenders as-
soilzied, 62.

Crown Debtor-

Two parties became joint-cautioners
to the Postmaster-General for a
sub-postmaster who subsequently
fell into arrears. Both cautioners
became bankrupt, and were seques-
trated under the Bankruptcy statutes
--and afterwards discharged. The
Crown recorded the bond and charged
the cautioners. One of them sus-
pended the charge on the ground of
his sequestration and discharge, but
the suspension was refused, and the
whole debt was subsequently paid
by the suspender. The suspender
then raised an action against his
co-cautioner for his share of the
Crown debt, in which his seques-
tration and discharge were also
pleaded; but, held, that section
148 of the Bankruptcy Act applied
to the debt in question, and decreet
pronounced against the defender,
65.

Cautioner. See Crown Debtor.
Clerical Error. See Title.
Carrier. See Contract-Tolls-Freight.
Goods were received by the railway
company at Kirriemuir to be for-
warded to London, subject to a
printed condition, signed by the
sender, to the effect that the com-
pany would undertake no respon-
sibility save on their own line and
its branches, but for the convenience
of senders, they would invoice goods
to stations on other lines at the sole
risk of the owner. Held, that the
pontract was for the entire journey;

A clause in a contract of copartnery,
providing that any disputes or
differences between the parties or
the trustees, etc., of a deceased,
insolvent, bankrupt, or ejected
partner, should be referred to two
persons to be mutually named;
failing their being so named, an
application was to be made to the
Sheriff. A partner retired under
certain conditions. Two years
after his retirement he died. His
trustees, believing that there was a
balance due, presented a petition
to have the company ordained to
concur in naming an arbiter.
Held, and acquiesced in, that the
partner who had retired having
been at that time in none of the
categories indicated in the clause,
the petition was incompetent, and
dismissed, 94.

Contract of Deposit-

On

A railway carrier and contractor was
employed to remove furniture, a
portion of which was to be conveyed
to a certain specified place.
arriving there, no one was found to
take it in charge, and the carter
returned with it to the contractor's
quarters. It remained there for
some time, and notice was sent to
the owner. The property remained
in the contractor's possession for
two and a half years, but no entry
was made in any book regarding it,

nor

was any charge made for
storeage. The key was not deli
vered to the contractor, nor were
the contents declared. Held, that
the contractor had not been proved
guilty of negligence in storing and
keeping the property, and having
received no hire for it, he was not
liable for its value on its disappear-
ance, 95.

Citation-

Held, that in Burgh Courts it is not
essential for the officer to adopt the
form of citation annexed to the Act
of Sederunt, 8th July, 1831, and
that if the well-known requisites of
citation be specified in the execu-
tion, it is sufficient, no precise form
of words being necessary to render
the citation and execution valid, 111.
Action dismissed where the officer's
execution was disconform to his
warrant, 168.
Competency. See Summons.
Cessio-

Circumstances in which decree of
cessio granted, but extract super-
seded for six calendar months, 116.
Contravention. See Coal Mines Act.

Coal Mines Act-

Penalty imposed in consequence of
contravention of the Coal Mines
Act, whereby a person was killed,
118,

Damages. See Advertisement-
A railway company found liable in
damages for cattle killed through
the insufficient fencing and watch-
ing of a level crossing, 5.
A party in a retail shop making
purchases fell through a space in
the flooring outside the counter
which had been imperfectly secured,
and suffered bodily injuries. In an
action for reparation brought against
both the tenant and the landlord,
held, that both were liable, and
decree given against both, with
costs, reserving their actions of
relief inter se, 77.
Circumstances in which damages
awarded to a mill-worker for in-
juries caused by the machinery
being unboxed, 92.

In an action of damages by the widow
and children of a collier, killed by
fire-damp, against a coal-owner and
his underground manager. Held,
(1) That the underground manager
was not a fellow-workman; (2)
That the death was not occasioned
by the culpa of the deceased; (3)
That the accident was not a damnum
fatale, and damages and expenses
given against the defenders, jointly
and severally, 153.

See Summons-Landlord and Tenant.
Domicile-

The defender in an action having
pled no jurisdiction, in respect that
he was a native of, and domiciled
in, Ireland. Held, that he was
not bound to sist a mandatory
until the plea of no jurisdiction had
been disposed of, 6.

Diligence-

A creditor obtained a decreet against
his debtor, on which a charge was
given sixteen days thereafter; the
charge not being removed, the
debtor granted a trust deed. The
charger did not accede to the trust,
but four days after its date he
executed a poinding of part of the
truster's effects. On a petition for
interdict at the instance of the
trustee, held, that as the granter
of the trust was Notour Bankrupt
when he signed the deed, it was
granted in defraud of the poinding
creditor; the deed declared void,
ope exceptionis, and interdict re
fused, 7.

Draft. See Assignation.
Discharge. See Assythment.
Donation, inter vivos—
A sum of money was given by A to
B several years before her death,

Two trustees were named in a trust
deed, and both accepted; they were
also nominated executors, and were
confirmed. One only of the trustees
and executors took the active man-
agement of the trust and intromitted
with the funds. After a lapse of
years the acting trustee and execu-
tor died insolvent, and his estates
were sequestrated. In an action by
a legatee against the surviving trus
tee. Held, that having been guilty
of culpa lata, the trustee was per-
sonally liable in payment of the
legacy bequeathed to the legatee
under the trustee, 173.
See Succession.

Edict Nautae. See Public Carrier.
Expenses. See Landlord and Tenant.

Exhibition-

Held, incompetent for a superior to
sue an exhibition of his vassal's
titles in the Sheriff Court, 175.

was

Execution. See Improbation-
Noticed by the Court, ex proprio
motu, that an officer's execution
written, not at the end of the
summons or on continuous sheets,
but on a separate paper,
irregular and not in conformity
with the statute, 168.
Examination, Judicial, of Parties-
In an action of affiliation, the pursuer
moved that the defender be ordained
to appear for judicial examination,
and a counter motion was made that
the pursuer be ordained to appear
for a similar purpose. Held, that
the established practice in the Sheriff
Court of Perthshire is to allow the
judicial examination of defenders in
such cases, and not to allow the
judicial examination of pursuers,
171.

Foreign Seaman. See Wages, recovery

of.

Foreigner. See Prescription.
Feu Duty. See Superior and Vassal.
Freight-

Goods were shipped at Glasgow for
Singapore. On arrival there, and
no consignee appearing, an adver-
tisement was inserted in a news-
paper announcing that, unless he
appeared within seven days, the
cargo would be sold to pay freight
and expenses. That period having
expired and no one appearing, the
cargo was sold through the ship's
agent, without judicial authority-
that being alleged to be the custom
at Singapore. The price obtained
for the cargo having been less than
the freight and expenses, the ship-
owners raised an action against the
shippers for the deficiency. Held
by the Sheriff-Substitute, and ac-
quiesced in-(1) That the pursuers
had failed to prove that it was the
custom at the port of Singapore to
sell cargo without judicial authority
for freight and expenses, failing the
appearance of a consignee; (2) At
common law, a shipmaster has no
authority, after arrival at his port
of destination, to sell at his own
hands any part of his cargo for
which he has granted bills of lading;
and (3) The master had acted ultra
vires in disposing of his cargo.
The defences were therefore sus-
tained, and the defenders assoilzied,
162.

Fraud. See Bankruptcy.

Genuineness of Signature. See Bank-
ruptcy-Bill.

Guarantee. See Mercantile Law Amend-
ment Act.

Husband and Wife-

By antenuptial-contract of marriage,
the future wife conveyed all
her heritable and moveable pro-
perty to trustees, of whom her
future husband was to be one.
His jus mariti was excluded, but
not his right of administration.
The marriage was solemnised, and
the parties cohabited together for
some time, but during the tem-
porary absence of the husband, the
wife left his house and carried
away all the household furniture
mentioned in the contract, where-
upon the husband presented a peti-
tion craving restoration, and warrant
to search and bring back. Held,
that as the life-rent of her whole
estate, heritable and moveable, was
to be paid to the respondent, ex-
clusive of her husband's jus mariti,
as trustee, the petitioner was not
entitled to take the furniture from
her, and petition dismissed, with
expenses, 27.

A married woman pawned articles of
wearing apparel belonging to her-
self and children. In a sum-
mary action for delivery without
payment of the sums advanced, it
was averred that the articles had
been clandestinely abstracted, and
pawned without her husband's

knowledge or consent, which, if
proved, would have been theft, (see
Tweddle, June, 1841,) and entitled
the petitioner to prevail, but as the
clandestine abstraction, or that the
advances were not in rem versum
of the pursuer and his family had
not been proved, petition was dis-
missed, 31.

Circumstances in which a husband
held liable for debts contracted by
his wife in a trade carried on
separately by the wife in which the
husband had no interest, 75.
Donation by husband revocable after
wife's death, 129.

Circumstances in which a husband
living separate from his wife, who
had a separate business sufficient
to support her, was nevertheless
held liable for an account incurred
in connection with her own busi-
ness, 133.

A wife raised an action of interim

aliment against her husband on the
ground of cruelty, until an action
was raised in the Court of Session.
-Held, (1) that the action was
competent and relevant; (2) on a
proof that the pursuer had proved
her case, and decree of interim
aliment pronounced in terms of the
libel, 138.

Interdict-

Held, that trustees vested in church
property could not of themselves
dispose of the subjects for any other
than religious purposes, and can in-
terdict the Deacons' Court and all
others; that the firm Greenock
Sugar Refinery Company, instead
of Greenock Refining Company, was
a mere clerical error, 84.
The holder of a share in a trading
company proposed to sell out, and
prepared an advertisement announc-
ing the sale, which he sent to another
member of the firm previous to pub-
lication. In an application for in-
terdict against the publication of the
advertisement, on the ground that
it was untrue, and calculated to
damage the company's business, in-
terdict refused, the respondent being
truly a member of the firm, 86.
Interim. One reparian proprietor
claimed the exclusive right of salmon
fishing in a river, under an alleged
title "with fishings," while another
proprietor claimed under a title
which "includes the half of the sal-
mon fishing of the river." Interim
interdict having been granted hoc
statu, recall thereof refused, and con-
descendence and defences meantime
ordered, 114.
Interdict was craved at the instance
of a father against a poinding and
threatened sale of goods by a creditor
of his son, on the allegation that the
goods were the father's. On a proof,
held that the goods were the son's,
and interim interdict recalled, 129.
See Bankruptcy.
Insolvency. See Bankruptcy.
Interlineation. See Contract.
IO U. See Bankruptcy.
Improbation. See Execution,
Income Tax-