day of

and between the hours of

and I duly intimated to B (here describe the party) the within-written assignation (or otherwise, as the case may be), or an assignation granted by (here describe it), and that by delivering to the said A personally (or otherwise) by leaving for the said A, within his dwelling house at E, in the hands of (here describe the party), a full copy thereof (or, if a partial copy, here quote the portion of the deed which has been delivered), to be given to him; all of which was done in presence of C and D (here name and describe the two witnesses), who subscribe this attestation along with me.

In witness whereof, etc.

We think it can hardly be said with truth that law has been studied as a science in Scotland for many years past. All that seems to have been aimed at was such a knowledge of the art as to pass examination, and to make such an appearance at the bar as not quite to discredit the traditional learning and eloquence of the gown. The days have long since become historical when our law students resorted to the French and German Universities, where they acquired more than the Professors taught, or could be learned even from books; and this additional knowledge was brought to bear upon the municipal law of their fatherland, until our lawyers attained an amount of learning and a cosmopolitan cast of mind which raised them far beyond your mere cantor formularum. It must, however, be said in excuse, if not in justification, of this marked difference between the present and the past generation of lawyers, and those of a hundred years ago, that, from whatever cause, foreign study seemed to have gone out of fashion (for learning has its fashions like less frivolous things) and we had no means at home of supplying the want which these offered. Our chairs of law and subsidiary studies were deficient, not only in number, but were sometimes not filled by men with such unquestioned learning and ability as to influence and attract students. These wants, we need not say, are now being gradually supplied in our Universities by the founding of new chairs, or the restoration of others long in abeyance, so that our lawyers may attain at home such a legal education as may enable them to vie with the most learned of our ancient lawyers. It is, besides, not to be denied, that beyond the profession, the standard of general attainments has of late years been gradually rising, and has enabled most intelligent business men to form a pretty shrewd guess of the kind of men to whom they can most safely entrust their legal business; and, as a necessary consequence, lawyers themselves have felt that if law was to retain and maintain its title to be a learned and liberal profession, their diligence must be increased, and their studies augmented. To attain a thorough knowledge of Scottish law, we must lay a solid foundation in Roman law. To some extent this has been attended to in qualifying for admission to the bar; but, strange to say, it has been hitherto considered quite unnecessary for most of the members of the other branches of the profession. Why this has been so is probably enough explainable; but we see no reason why it should

continue, and we hope to see some measures taken by the heads of the Supreme Court, to enforce a uniform course of study and examination preparatory to admission to practice before our Inferior Courts. One reason why Roman law has not been studied in this country as it ought, was, that there were no books readily accessible to introduce the student. The Corpus Juris is by no means very attractive, especially to one just beginning the study of law. The only readily accessible introductions to the Civil Law in English that we know of is a translation of M. Claude de Ferriere's History of the Roman or Civil Law-a work of no great value; Dr Taylor's Elements of the Civil Law-a useful summary of which was afterwards published; and Gibbon's Remarkable Forty-fourth Chapter. But the discovery of Gaius' Institutes, the critical works of Neihbur on Roman History, and his followers, have so re-constituted Roman History and Law as to render the older writers on that law of little value to the student. Embodying modern discoveries in Roman law and history, so far as bearing on law, Lord Mackenzie's "Studies" present an excellent summary of the civil law, and exhibits in an attractive manner all that is necessary to be known by way of introduction. He gives a history of the law that Emperor, and the fate of the law after his time, to down to the time of Justinian-its consolidation under its revival-with other branches of learning. He has a preliminary chapter on Jurisprudence, and the principal divisions of law, to which he gives a present living interest by briefly discussing the rights of belligerentsthe Declaration of Paris, of April, 1856-the Law of Blockade-of Contraband, and the Affair of the Trent The author then proceeds to an exposition of the Roman law, with brief comparisons of the French, English, and Scottish law. His lordship does not pretend to originality in the preparation of such a work; it is simply an ex position of the Roman Civil Law as elucidated by recen discoveries, but the arrangement is such as to convey perfect idea of the field to be gone over by the student It will not only be a most excellent text-book fo students, but will be useful to others who may wish t obtain some knowledge of Roman law as a branch historical study, but who have hitherto been deterred b the mere sight of the volumes in which that law ha hitherto been hidden.

LAW OF HIGHWAYS IN SCOTLAND, WITH STATUTES AN DIGEST OF DECIDED CASES IN ENGLAND AND SCO LAND. BY HUGH BARCLAY, LL.D., Sheriff-Substitu of Perthshire. Fourth Edition.

T

THIS is one of Dr Barclay's most useful volumes. T road trustees and country gentlemen, who take an intell gent interest in the management of the road trust, would seem indispensable; and, to the profession, t Digest of Decided Cases must be of great value. volume consists of the General Turnpike Act, with Not the General Statute Labour Act; Locomotives on Tur pikes; the Volunteer Exemption Act; a Digest of Hig way Statutes; Stage Carriages' and the Railway Claus Consolidation (Scotland) Act, so far as regards road and an excellent digest of upwards of a hundred decisi on points of law applicable to roads, with an Appendix Forms of Procedure, and other documents. This Four Edition comes out at present very opportunely, from interest which is being excited in the question of abolition of tolls. Those who are moving in this quest will find collected in this volume the whole code of relative to roads; and as it becomes those who wo reform the law in any department, to acquire (if t possess it not at present) some knowledge of the law t seek to alter or improve, we commend to their study volume of the "Law of Highways in Scotland,"

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
receipt stamp for one penny at-
tached.-Held, that this was a good
ignation of the sum due, and the
holder preferred to a subsequent
arrester, 8.

Affidavit Additions made to an affidavit

e being 'sworn to without the
authority of magistrate who signs
relative, clairn rejected, 34.
Ablation. 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
er 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
mancellation of stamps, but did not
declare the documents null; and (2)
the document founded on was not an
ignation requiring a stamp of a
higher denomination, 17.
dee Arrestment.

Aliment-A petition for law-burrows
vas presented, and the party com-
plained on was ordained to find
mution, failing which, warrant of im-
ronment was granted; caution was
hot 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-

See Contract-Charter

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
the goods, 15.
Condition. See Carrier.

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

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-

Heid, 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.
Castom 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.
Condicio 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-
Bodzied, 62.
Crown Debtor-

Ivo 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.

Cactioner. See Crown Debtor.
rical 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-

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 inonths, 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,

Criminal. See Poor Law Amendment
Act.
Contract. See Sale-Master & Servant.
Cautioner. See Landlord and Tenant.
Creditor, Heritable. See Sequestration.
Compensation, or Set-off. See Sale.
Conjunct and Confident. See Bank-
ruptcy.
Competition for Trusteeship. See Bank-
ruptcy.

Claim. See Bankruptcy.
Concurrent Small Debt Decreet. See
Sequestration.

Diligence, Election of. See Sequestra-
tion.

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 ta
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.

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, was
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 themselve
dispose of the subjects for any othe
than religious purposes, and can in
terdict the Deacons' Court and al
others; that the firm Greenoc
Sugar Refinery Company, instead
of Greenock Refining Company, wa
a mere clerical error, 84.
The holder of a share in a tradin
company proposed to sell out, an
prepared an advertisement announ
ing the sale, which he sent to anothe
member of the firm previous to pu
lication. In an application for i
terdict against the publication of th
advertisement, on the ground th
it was untrue, and calculated
damage the company's business, i
terdict refused, the respondent beir
truly a member of the firm, 86.
Interim. One reparian propriet
claimed the exclusive right of salm
fishing in a river, under an alleg
title "with fishings," while anoth
proprietor claimed under a ti
which "includes the half of the s
mon fishing of the river." Inter
interdict having been granted
statu, recall thereof refused, and
descendence and defences meanti
ordered, 114.
Interdict was craved at the instan
of a father against a poinding
threatened sale of goods by a credi
of his son, on the allegation that
goods were the father's. On a pre
held that the goods were the so
and interim interdict recalled, 19
See Bankruptcy.
Insolvency. See Bankruptcy.
Interlineation. See Contract,
IO U. See Bankruptcy.
Improbation. See Execution,
Income Tax-