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THE

SCOTTISH

LAW MAGAZINE,

AND

SHERIFF COURT REPORTER.

VOL. I.-NEW SERIES.

GLASGOW:
THOMAS MURRAY & SON, 49 BUCHANAN STREET.

EDINBURGH: MACLACHLAN AND STEWART.

18 6 2.

L17063

MAY 1 8 1940

CONTENTS,

4, 35

Page

Page

Assignability of an Extract Decree of Special Service, 1 Reviews

Correspondence-Assimilation of the Laws of England Notes on the Marriage Law of Eogland, Scotland,

and Scotland,

and Ireland, &c. By James Muirhead, Advocate, 32

Church Courts' Bill,

32 The Law and Practice of Citation and Diligence.

Criminal Procedure,

38 By Robert Campbell, M.A., Advocate,

36

County Court Judges,

43 A Handbook of the Law of Scotland. By James

Complaints against Judges,

53 Lorrimer, Advocate, M.A., F.R.S.E., 2d Edit., 36

Extra-Judicial Arrangements of Insolvents,

33, 38 Medical Statistics of Life Assurance. By J. G.

Glasgow Sheriff Court Statistics,

51 Fleming, M.D.,

36

Judicial Statistics,

42 Public-House Statutes, with Notes, Decided Cases,

Legislation of the Past Session,

46, 54

and Extracts from Commissioners' Reports.

Legal Education. Memorial of the Dean and Faculty Arranged by Hugh Barclay, LL.D., Sheriff.

of Procurators of Glasgow,

27 Substitute of Perthshire,

44

Legal Education,

Studies in Roman Law, with Comparative Views

Moveable Property (Scotland) Bill,

32 of the Laws of France, England, and Scotland.

On the Instances in which the Law of England has By Lord Mackenzie, one of the Judges of the

been borrowed from that of Scotland. By Sir Court of Session in Scotland,

56

Archibald Alison, Bart., D.C.L.,

6 Law of Highways in Scotland, with Statutes and

Observations on the Administration of Criminal Law Digest of Decided Cases, in England and Scot-

in Scotland. By Hugh Barclay, Esq., LL.D., land. By Hugh Barclay, LL.D., Sheriff-Sub-

Sheriff-Substitute of Perth,

stitute of Perthshire. Fourth Edition.

56

Parliamentary Notes,
29 Small Debt Fees,

34
Private Parliamentary Business for the Coming Session, 4 The Instance in Summonses,

41

Retirement of Lord Ivory,

52 The M'Lachlan Case,

45

Reviews-

The Sandyford Murder,

49

Law of Arbitration. By J. M. Bell, Esq., Advocate, 4 Undecided Points in Practice,

3, 31

A. v. B.,

Anderson v. Great North of Scotland Railway Co., 5 Competition for Trusteeship in James Cairns &
27 Son's Sequestration,

164

Anderson's Sequestration-Competition,

30 Cameron v. Campbell,

171

Allan's Trustees v. Shields,

106 Competition for Trusteeship in William Dawson's

Anderson & Robertson v. Scottish North-Eastern Sequestration,

176
Railway Company,

160
175 Dodds' Sequestration,

158, 160

Doctor's Cessio,

116

Butler & Smith v. Molyneux,

Donald, or Strang v. Strang,

:

138

Braidbar, The Quarry Company, v. Craig,

52
Butler & Smith v. Molyneux,
90 Floyd v. Thomsons,

62
Buchanan v. Robb,
95 Finlayson v. Henderson,

63

Barr v. Ferguson,

125 Forrester y. The Electric and International Tele-

Bannatyne v. Rintoul, Alexander & Co.,

147 graph Company,

110

Bethel V. Reids,

151 Forbes v. Storer,

146

Cairns & Son's Sequestration,

164 Gray v. Irvine and Others,

8

Chance Brothers & Co. v. Walker,

10 | Grays v. Thomson,

18

Russell & Core,

76 Gray v. Paterson,

67

Craigs v. Cuthbertson,

74 Gordon v. Scottish North-Eastern Railway Company, 87

Campbell v. Ireland,

85 Graham-Gilbert v. Russell,

89

Carse, The Turnpike Trustees v. The Scottish Cen- Greenock Distillery Company v. M'Indoes,

133

tral Railway Company,

97

Chittich v. Armour,

113 | Henderson v. Wink,

25

Campbell v. M'Connell,
129 Henderson's Sequestration-Competition,

34
Competition for Trusteeship in Michael Dodds’ Hamil, or Docherty, and Others v. Alexander, 40
Sequestration,
158 Hutcheson v. Littlejohn,

86

Cook v.

Page

Page

Hamilton and Others' Potter, Wilson. & Co., 94 O'Donnell, or Telford v. Edinburgh and Glasgow

Hutt, or Watt v. Wait,

105 Railway Company,

- 43, 121

Higginbotham and Others v. Cairns & M'Cowan, 114

Hamilton v. Graham,

144 Perth, Inspector of, v. M‘Lean,

123

Haddow v. Roxburgh & Morris;.

153 Publin v. Hussey,

21

Paterson & Dick v. Wbite,

60

Inspector of Péterhead v. Inspector of St Nicholas Pollock & Co. v. Murray & Spence,

80

and Birse;.

172 Purdie v. Kelly,

92

Procurator-Fiscal v. Gardiner,

118
Jenkins Anderson,
111 Paterson v. Hamilton & Walker,

149
Johnston • Skeoch,
Jarvie & Smith v. Jardines,

109

Robertson, Brothers & Co. v. Clark or Bunten, 37
Robertson v. Nairne,

83

Kirkcaldy, or Granţ'v. William Kirkcaldy, Com-

peting

91

Reid v. Beveridge,

169

Kerr v. Scottish North-Eastern Railway,

99

Kergan v. Robertson,

137 Steel & Co. v. M‘Lay and Others,

1

Kusel, Adolph, Petitioner,

167 Spence v. Allan, or Bisset,

3

Speid v. Calder,

4

Leckie & Co. v. M'Gavin,

17 Scobie v. Scottish Central Railway Company,

5

Lang v. M Coll,
41 Scobie v. Anderson & Young,

68

Lowe, or Rudd v. Martin & Annacker,

77 Sweeney v. Livingston,

112

Lang v. Charles Tennant & Co.,

82 Souter v. Ferguson,

129

Lyle v. Service,

142 Scottish North-Eastern Railway Co. v. Thomson, 135

Lowson v. Walker,

151 Spowart & Co. v. Taylor,

148

Lyon & Anderson's Trustee v. Mackay,

151 Schlessinger & Co. v. Miller,

49

Stephen & Sons,

166

Thomson y. Wright,

6

M.Coll v. M'Kellar,

5 Tennant, Sons & Co. v. Stanbury,

M'Ardle v. The Glasgow and South-Western Rail- Trustees of St Thomas's Free Church v. Greenock

way Company,

15

Sugar Refining Company and Deacons' Court, 84

M‘Náb & Selkirk v. Workman & Drew, 12, 21 Trustee in Michael Dodds Sequestration, Petitioner, 160

M'Callum's Sequestration-Competition,

28

M'Farlane v. Cameron,

31

M'Kenzie & Co.'s Sequestration-Competition,

101

33

Union Bank of Scotland v. M‘Cubbin,

M Ewan's Sequestration-Competition,

58

M‘Monnies v. Payne,

62 Woods' Sequestration-Competition,

12

M'Ketterick's v. Bow, ,

71 Whyte v. Clark,

46

M.Kenzie v. Mann,

100 Wodrow v. Clark,

52

Macbarnet v. Stuart,
114 Whyte & Co. v. Wilson,

75

M·Kenzie v. Parnell,

134 Woodside v. Weir,

79

M'Gill & Cunningham v. Ferguson, Miller & Co., 162 Walker v. Hood,

98

M'Leod v. Johnstone & Cuningham,

173 Williams and Others v. M'Phun,

118

M'Rostie v. Hog,

175 | Walker v. Gardner,

127

Miller v. Smith,

7 Waddell v. Main & Hunter,

129

Myrick, Banks Appellant in Laidlaw's Sequestration, 61 Watson v. Fleming,

151

Miller v. Dow, or Fleming,

20 Walker y. Gardner,

168

Wemyss, Lord, v. Ritchie,

140

Nichol v. Harris,

51

Lee v.

44

110ST

004

5 GE 2030

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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

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