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SHERIFF COURT REPORTER.
VOL. I.-NEW SERIES.
EDINBURGH: MACLACHLAN AND STEWART.
18 6 2.
A. v. B.,
Anderson v. Great North of Scotland Railway Co., 5 Competition for Trusteeship in James Cairns &
Anderson & Robertson v. Scottish North-Eastern Sequestration,
Braidbar, The Quarry Company, v. Craig,
Craigs v. Cuthbertson,
74 Gordon v. Scottish North-Eastern Railway Company, 87
Campbell v. M'Connell,
Inspector of Péterhead v. Inspector of St Nicholas Pollock & Co. v. Murray & Spence,
Procurator-Fiscal v. Gardiner,
Robertson, Brothers & Co. v. Clark or Bunten, 37
Lang v. M Coll,
M.Coll v. M'Kellar,
5 Tennant, Sons & Co. v. Stanbury,
Macbarnet v. Stuart,
M'Gill & Cunningham v. Ferguson, Miller & Co., 162 Walker v. Hood,
5 GE 2030
Of Legal Bills, apart from Political or Social mea- Scotland, whether held by parties resident in Scotland sures, there have only been two, and we give copies or elsewhere, protests of bills or of promissory notes, of them in the present Number. These are the dispositions, assignations, or other conveyances of Moveable Property (Scotland) Bill, and the Church moveable or personal property or effects, assignations, Bill, introduced by Lord Belhaven. To the first we translations, and retrocessions, and also probative exdo not anticipate any objection, even from that tracts of all such deeds from the books of any comquarter where the change will be most felt. The petent Court; the word "assignation" shall also inabridging of deeds affecting land has been carried, clude translations and retrocessions, and probative we think, very nearly to its utmost limits, notwith extracts thereof; the words “moveable estate” shall standing the cry for farther abridgement, which is extend to and include all personal debts and obligasometimes heard beyond the profession; and to any tions, and moveable or personal property or effects of one who can remember, or who may have compared every kind. The mode of transferring or assigning the older with the more recent portion of a progress these classes of securities is by endorsing a few lines of writs, the change is very great, and ought to satisfy on the back of the security itself and having it rethe wishes of the most ardent law reformers. These corded, and, if thought desirable, to have it intimated reforms were carried out with the full concurrence cither by a notary public or by the holder sending and assistance of the profession, although here and a copy of the assignment through the post office. there an objection was muttered, but ineffectually. In this instance at least has been realised the mercanThe contrast which always occurs to mercantile men tile idea of brevity, cheapness, and certainty; for we in transactions in landed securities, is the cheapness sce no reason why any man may not endorse the few and simplicity with which they can have transfers of lines pointed out in the schedule to the Act for himstocks and goods, compared with bonds over landed self, make a copy thereof and send it by post, without estates and transfers of these securities. For a few the intervention of a lawyer; only lawyers will conshillings they can have stocks of thousands of pounds tinue to think that if the sum be large, few prudent transferred or assigned, while a bond or security for men will do this. Having reached this point, if the one or two hundred pounds cannot be assigned or Bill becomes law, the next step of still farther simtransferred for less than threc or four times the plifying all securities over land or real property cannot amount. The contrast is no doubt striking, and be delayed very long, and the profession should be prethough the length of deeds of security may to law-pared to meet this new inroad on their emoluments. yers appear to rest on sufficient grounds, yet there. We hope they may exhibit the same spirit they have is no disguising the fact that these reasons are all along done in the numerous and important changes not appreciable by the times in which we live. which have taken place within the last twenty or People cannot be made to understand why a bond thirty years; but whether they do or not, it appears bearing interest should be encumbered with all the to us that until this mercantilc idea has been rcalised, forms of feudal conveyancing, and why, if that sc- i law reform on transfers of property of all kinds will curity is to be discharged, a long and expensive deed not have reached its end. should be required. We have no doubt the mercantile idea will more and more peuetrate our land Lord Belhaven's Church Bill carries us into a diftitles, and lawyers do not seen quite prepared to sur- ferent region—and if this were the place to speak of render, unless this bill of the Lord Advocate indicate them—into church politics. In both Assemblies it a change; but we think the time is not far distant was made the occasion of opening up the old controwhen this must be done. The object of the present versy of '33, '43; and both spoke of each other's bill is to facilitate the transmission of moveable pro principles in such terms as showed that the old spirit perty; and provides that personal bonds for payment still smouldered, and was not extinct. The Bill seems or performance, bonds of caution, bonds of guarantee, to wear a very innocent appearance, and chiefly to bonds of relief, bonds and assignations in security of concern the church, and its ministers and members. every kind-which would seem to embrace bonds It may indeed involve important principles, and these bearing interest, decreets of any Court, policics of may fairly enough be made the subject of observation assurance of any hasurance company or association in lin Assemblies or elsewhere, but ir those whoin it