INDEX.

party sued his son-in-law, along with two of his children, for alirent. The defence of the son-inhw, that he was not liable in law,

be had not acquired any separate state with his wife, repelled, 34. Absband deserted his wife, and ad to make provision for her Laintenance. The husband had en out letters of inhibition

ainst her. A party who had made advances in money to the fe, though in the knowledge of the letters, raised an action of reef against the husband. It was proved that the advances were

sary and properly expended. ections (1) that the advances were in cash, and not in provisions; sal (2) that the only competent roof of the pursuer's claims was the defender's oath; repelled, and decreet given for the sum sued for, with costs, 50.

A on brought up to a liberal profion deserts his wife, who bemes destitute. She sues her father-in-law, who is a landed proprietor, for aliment--held that he was not liable, 73.

umstances in which the custody of pupil bastards refused to the father, and aliment of £10 yearly decerned for, 99.

A wife deserted her husband, and was guilty of adultery. Nine years after her desertion she raised an action for (1) arrears of aliment

herself and a child born ten months after her desertion; (2) Isture aliment for the child; (3) ature aliment for herself. Held

that no action could lie for arrears of aliment-see Donald v. Donald, 22 D., 1118; (2) a mother cannot insist in an action in her wn name for aliment for a child alleged to be legitimate; (3) notwithstanding her desertion and adultery, the wife was entitled to alient so long as her husband refused to adhere, until the marriage had been dissolved by divorce or death, 121.

A mother-in-law raised an action against two of her sons-in-law for aliment. Action dismissed, 170. A natural son is not bound to aliment his father, 182. Accommodation-Onerosity on a bill can only be redargued by the writ or oath of the holders, 16. Admission on Record-A sum of money was lent without acknowledgment, and in an action for repayment, it was pleaded in defence that the money had been advanced to carry on a joint business. The onus of disproving the qualification having been laid on the pursuer. Circumstances in which, held that the qualification had been disproved, and decree given for the amount, with costs, 17.

A Party may Discredit his own Witness-In an action of filiation the pursuer stated that another woman, a fellow servant, was present on an occasion when the defender had sexual connection with the pursuer. She then called this woman as her sole witness, who negatived the pursuer's statements. She was then asked if she had not made statements to the contrary to certain named persons? This she denied. The pursuer then moved and obtained leave to call and examine these persons in replication or reprobatur, 26.

Arbitration-Arbiter's Fee-A party to a submission paid his half of the arbiter's fee, and after a time, but without consultation with the other

party, paid the other half. In an action for recovery of the one-half of the fee paid, dismissed with expenses, 157. Authentication

of Voucher - The voucher of a claim not initialed by the preses of the meeting of creditors -vote held bad, and rejected, 74.

out and fix the state of accounts between them as partners. An examination of the company's books was made, and a balance was found due by the son to the father. A document was then written out and signed by the arbiters and the father and son, finding the son a debtor to the father, for which the son granted bills. Before the bills all became due, the son and the company, of which he was then the sole partner, became bankrupt. The father lodged a claim on the sequestrated estate, producing the decree-arbitral as his voucher. The trustee called on the claimant to produce farther evidence. This he failed to do, and the trustee rejected the claim. The claimant appealed, and after mutual notes of objec tion, and answers and debate thereon, the Sheriff - Substitute affirmed the trustee's judgment, but allowed a farther proof to both parties, 55.

What is Implement of Decree?-Poinding alone under a Small Debt decree held to be implement in the sense of the Small Debt Acts. Therefore, held that after a poinding a sist was incompetent. Appearance made by a defender in a Small Debt case, but no defence stated, and case continued. At the continued diet the pursuer appeared, but the defender was absent, and decreet was obtained. Question-Is that a decreet in absence or in foro? 87.

Association-A Fine Arts Association, by their Secretary, ordered the engraving of a picture for distribution among the Members. In an action to recover payment, the Vice-Presidents and Members of Council were called as defenders. Quoad their liability, the defenders were divided into three classes-(1), Those who were present when the engraving was ordered; (2), Those who homologated the order; and (3), Those who, though elected Members of

Council, never acted and were not
aware of the order for the engraving.
-Held (1), as to the first and second
classes, that they were liable ex
contractu; and (2), that they were so
liable, jointly and severally, or each
in solidum, and not pro rata only.
Quoad the third class, action dis-
missed, 111.

Agent-

A weaver's agent in course of dealing
paid the weavers for their work,
for which he was allowed 5 per
cent. commission by his principals.
The advances and commission had
always been regularly paid. The
agent having refused to return
certain quantities of cloth, on
which he had made advances to
the weavers, unless his advances
had been previously remitted to
him, and this having been refused,
the agent presented a petition to
the Sheriff of his own residence for
warrant to sell the cloth for pay-
ment of his advances. Circum-
stances in which, held that he was
not entitled to warrant to sell, and
petition dismissed with expenses,

97.
The affairs of a mercantile company
became embarrassed, and they
granted a factory and commission
in favour of an accountant. The
factor granted a letter of guarantee
qua factor, that certain bills ac-
cepted by the company would be
retired at maturity; but before
that period arrived the company
became bankrupt, and were seques-
trated. In an action for payment
of the bills against the factor-
held, that he was liable personally
under his letter of guarantee, 46.
A factor and commissioner granted

a letter of guarantee, that a pro-
missory note granted by his con-
stituents would be retired at
maturity. In the meantime the
constituents became bankrupt, and
were sequestrated. In an action
against the factor and commissioner
for payment of the note under his
letter-held, that he was personally
liable, 48.

Goods were consigned to a party in
this country, the price to be
collected by the consigner's agent
here. The consignee having re-
fused to take delivery, the agent
averred he had immediately sold
them to another party at the
invoice price, who afterwards sold
them at an increased price. Cir-
cumstances in which, held that
there was no proof of the sale by
the agent, and that in the sale for
the increased price he had acted as
the agent of his principal, and was
bound to account for the price;
and decree given accordingly, 172.
Agent's fees for drawing a claim of
preference by a farm servant, in a
process of sequestration of a
master's effects, allowed as an
original paper, 182.
Held, that a procurator is personally
liable for payment of witnesses
cited for the defence, under the

Own

acceptance-held that the
employer was liable for the account,
and bound to retire the bill, 137.
Assignation-A marine policy of insur-
ance was endorsed to a party for a
private account by a part owner of
the vessel over whose freight the
policy was effected; another part
owner sued the assignee and cedent
for delivery of the policy, who pleaded
that it was well assigned by indorsa-
tion-held that a marine policy was
not transferable by indorsation, 139.
Act of Grace-The limit of a debtor's
claim for bygone aliment.

Bankruptcy-In a summons of remov
ing against a bankrupt tenant, decla-
ratory and irritant conclusions were
introduced.-Held that these were
incompetent, and quoad them the
action was dismissed.-Held compe
tent to introduce into a summons of
removing a conclusion for damages,
founding on a clause of penal damage
in a lease. Circumstances in which
damages given where a lease had been
brought prematurely to a close by the
bankruptcy of the tenant, 2.
Bankrupt See Appeal.

A claim was lodged in a bank-
rupt estate, but rejected by the
trustee. The trustee's judgment
was appealed, but before this appeal
had been disposed of, the bankrupt
was discharged on a composition
contract. The creditor then raised
an action for the amount of the
composition on his debt, to which
it was objected that, having failed
to press his appeal against the
trustee's deliverance, he was de-
barred from instituting the action.
Objection repelled, and action found
competent, 6.

A father conveyed the lease of a
farm, stocking, and the furniture
and lease of an inn, to one of his
sons, the inductive clause bearing
that the conveyance had been

made "for certain onerous ca
and considerations," but
specifying these-the father
wards became bankrupt
that the conveyance was red
under 1621, c. 18, and by
exception under the Bankrup
and conveyance reduced a
ingly, 42.

Lien of proprietor over ma
bought by a contractor
building, 116.

Some time before bankruptcy
solvent induced a third pa
grant an obligation to a d
for 10s per pound on
alleged conditions, but whic
not part of the obligation.
bankruptcy of the insolve
obligee raised an action
obligation. The defence,
was a preference to the p
of the other creditors, repel
decree given for the summ
151.

Bill. See Accommodation.
A bill was produced by the

of an action, which he
had been retired by
defender denying this
ring that it had been r
third party for the defa
hoof. Circumstances in
proof by writ or oath of
on which the pursuer had
possession of, and now
bill, allowed, 106.
A. deposited with B. two b
certain conditions, acce
third party, in security
advances. When the bi
due, A. was unable to r
and a bill was drawn an
for an account to cover
This bill was in the
and so presumed to
retired by B. B. raise
for the original bills
acceptor, the depositor
come bankrupt, to wh
fender pleaded, As
indefinite payments
priated sums entered t
of A. on the credit
account current when
due, sufficient to exti
could not hold the
security, but held tha
onerous and bona fide
last bill, and entitled
two first bills sued for
security, and also
balances in his hand
of consignments made
A farm manager havis
chases on behalf of i
for which he grant
acceptance.-Held t
ployer was liable for
and bound to retire t
A bill was guaranteed
dressed to the draw
wards dishonoured.
against the guarantor
he pleaded (1) The
really signed by one
tors, whose name
bore; (2) That the
duly negotiated; an
notice of the dishon

was not given to the defender, so as to have enabled him to operate his relief-repelled, 168.

of Exchange-Sequestration-Obbetions to Trustee-Omission of yee's name-Conjunct and condent, 37. Stamp

mpetition for Trusteeship-Conanet and confident-Mandate, 21. ection to bill stamp sustained, 143.

uptcy Act, 68th Section-The Ordinary's Interlocutor awardequestration was dated 7th rary, and the meeting of crediwas ordained to meet on the The Gazette notice was not hed till the 10th. Objectionsthe meeting was not duly called, free days did not elapse bethe notice and the meeting.

as there was no nullity for re imposed by the Act. rejected, the claimant being t and confident, and the onlyproduced being bills which en granted within two days sequestration, 63.

by a building society for and contributions rejected, as perly vouched, 63.

See Aliment, 99. Bee Stamp, 180.

Collision

Two passenger steam vessels on the Clyde came into collision, whereby one of them suffered damage. In an action for recovery of the damage, it was pleaded in defence that the damage had been caused by the injured vessel, because it being the slower of the two, it should have allowed the faster vessel to pass, which it did not. Held, on a proof, that the rule pleaded was not applicable to that part of the Frith of Clyde where the collision occurred, and modified damages decerned for, 53.

Two passenger steam vessels came into collision on the Clyde, whereby one of them suffered damage. In an action for recovery of the damage, circumstances in which held, that though both vessels were not free from blame, the preponderance was against the vessel sued, and decree, with expenses, decerned for, 64.

Contract.

See Agent, 97. See Association, 112. See Bankrupt, 116. See "Executorial," 77. A field of potatoes was sold by the Scotch acre, and an action for the price, computed according to that measure, dismissed. Thereafter the seller brought another action with alternative conclusions (1) on the original bargain as by the Scotch acre; and (2) the price of a certain quantity of potatoes lifted, or for the value of the produce thereof, in the event of the first alternative conclusion not being established. Ex proprio motu of the Sheriff, the record was opened up and a plea for the defender added, to the effect, if it should have been proved that the original contract was by the Scotch acre, and so illegal, whether the pursuer had any right of action which the Court could enforce. Held, that the original agreement, having been by the Scotch acre, was illegal, and null and void, and action dismissed, but without costs, 89.

A shepherd, hired from year to year, was taken up by the ProcuratorFiscal on a charge of sheep-stealing, and committed. The criminal charge was not proceeded with, and the shepherd was liberated. He went back to assist in counting the sheep, and finding others which had strayed, and was thereafter dismissed. In an action for wages and damages for wrongous dismissal. Held (1) That the going back to count the sheep was not, in the circumstances, sufficient to constitute tacit relocation; (2) The apprehension and committal of the pursuer on the charge of sheep-stealing was sufficient justification for his dismissal, 122. An agricultural tenant, holding under the proprietor of the surface, presented a summary application to have the tenants of the coal and minerals under the farm-holding

of another landlord ordained to enter into a reference to certain parties named, or to two neutral persons, certain damages sustained by the operations of the mineral tenants, in terms of the respective leases of the parties. Held by the Sheriff-Substitute, and acquiesced in, that as there was no specific contract, inter se, by which the parties had agreed to submit disputes or difference, application was incompetent, and action dismissed, 127.

On a sale and purchase of sheep, an error was committed, and timeously intimated, in the gross sum to be paid, the price per head, and the number being correct. In an action for damages, or the fulfilment of the bargain. Held, that there was no sale, 165.

In an action for penalties in a building contract for having exceeded the time fixed for completing the works. Held, the penalties to be pactional and liquidate, and not subject to modification by the Court.

In a building contract, penalties were stipulated in case of delay in completing the work; but the delays were occasioned by the employer, and alterations were made on the original contract. In an action to recover the penalties -Held, that these were not exigible, not having been imported into what was equivalent to a new contract by the alterations and additions subsequently made to the original contract, 174.

Cash-Credit-Bond-Held that a cautioner in a cash-credit-bond, on bankruptcy of the principal, does not require an assignation by the bank to enable him to vote; a receipt endorsed on the bond, which was produced, held sufficient, 75.

Contract of Sale-Act 5 & 6 Will., IV., c. 63-Compensation-A quantity of growing crop was sold by the Scots acre. Held, that an action for recovery of the price, laid alternatively on contract or composition, was incompetent, 78.

Competition for Trusteeship-Form of affidavit-new objection-conjunct and confident, 81. Carrier-Goods sent to a railway, and by direction of the owner, who was a passenger by the same train which carried the goods, were placed beside and treated as personal luggage.— Held, on the destruction of the goods, the railway company was not liable,

96.

Custody-Circumstances in which the custody of pupil bastards refused to the father, and aliment of £10 yearly decerned for, 99. Churchman's title to benefice-Held, possession to churchmen is loco tituli, and in possessory judgments they need not found upon a title, as laicks are obliged to do, but are secured till reduction or declarator by seven years' possession, 120,

Cautioner-Certain heritable subjects were conveyed ex facie absolutely, but really in security of certain obligations to be come under, the disponer meantime continuing in the occupancy. No action of maills and duties was raised by the disponers. In an action against the disponer by one of the disponees for rent of the heritable subjects, Held that the action was incompetent, and dismissed, 143.

Corporation-Contract-The Faculty

of Procurators of Glasgow, as a Corporation, has power by a majority to make bye-laws which are binding on all its members, 148. Conveyancing

Subinfeudation was

strictly prohibited in an original feu charter. On a transmission of the property, a former vassal being still in life, a writ of confirmation was applied for and obtained. The superior's agent was member of a Corporation whose Table of Fees provided that "where there is only one transmission since last entry, and a vassal in life, one half only of the above fees" was chargeable, the agent contending (1) that in the circumstances the writ was virtually an original writ, and not one by progress, and that he was entitled to charge accordingly; (2) that he was not bound by the Table of Fees. -Held (1), that the writ of confirmation was a writ by progress, and fell under the rule quoted; and (2) that the superior's agent, as a member of the Corporation, was bound by their Table in making his charges, 148.

Cessio Bonorum-Cessio refused indefinitely, 150.

Contractor-A proprietor contracted

with a competent builder to erect a tenement. In the course of the contractor's operations, a wall fell down, which damaged the stock of a flesher. In an action for the damage sustained, against the proprietor-Held that the proprietor was primarily liable in the damage, and a sum decerned for, 154. Company. See Foreign Judgment, 157. Client. See Agent, 182.

Damages. See Collaborateur, 7. See

Collision, 53. See Contractor, 154. Diligence-Circumstances in which damages awarded for the nimious use of diligence, 33. Cattle going along a narrow unfenced road strayed into a field and did damage. Held that the Act 1686, c. 11, did not apply, but damages awarded at common law, 45. A creditor of A.'s called at a hotel, and asked the landlord whether he had heard that A., the debtor, had failed, and that it was reported in K. that he was down, meaning thereby that he had failed or become bankrupt. In an action for the slander, held that the inquiry and statement were false, calumnious, and injurious, and damages awarded, 51.

A servant who has been unjustifiably dismissed between terms, is entitled to wages and board wages for the full period of the engagement, 99. A boy was employed about a machine by which he sustained serious bodily injury. He was taken to an infirmary, and after a time was dismissed "cured." Sixteen months after the injury had been received, the boy died. In an action by the parents for damages-Held that from the length of time which had elapsed between the injury and the death, and it not having been proved that the injury was the cause of the death, action dismissed, 146. The Police Committee of the Town Council of Glasgow raised an action against an omnibus proprietor, one of whose vehicles was negligently allowed to run against and destroy a cluster lamp erected in an open space at the junction of two streets. Held that the owner was liable for the negligence of his servant; that the lamp was in a proper place, sufficiently protected, and damages awarded, 164.

Damages awarded for cattle trespassing in an unenclosed field, under the Act 1686, c. 11, although they were under charge of a herd, 46.

Damnum fatale-Railway company held liable for loss of goods by accidental fire, 104.

Destination-A destination to A and B in liferent, and to C, D, and F, their children, nominatim equally among them, share and share alike, and to the survivor of them in fee. Held, that the shares of such of the children as had survived the testator, but who had since died, belonged to the heir at law, and did not accresce to the other heirs, 9. Defamatory Letters. See Compensatio Injuriarum. 25.

Discounts for Advances-A collier who had obtained advances in cash between pays, was charged one shilling per pound therefor. At first he objected, but latterly acquiesced or did not object. After leaving his employment, he raised an action for repetition of the sums, as charged and retained contrary to the Truck Act. Held that the charge was a violation of the Truck Act, and decree given for the sums retained. The fees for medical attendance were disallowed, because the workman had not given his consent in writing to retain them, 58.

Decree in foro-Decree in AbsenceAppearance entered in a cause, but

no defence stated, and decree thereupon moved for and obtained, held to be equivalent to a decree in absence, and therefore falling under the second section of 16 and 17 Vict., cap. 80, 71.

Held, in such circumstances, that a reclaiming petition was irregular and incompetent, and refused, as contrary to the spirit of the 19th section of 16 and 17 Vict., cap. 80. Recommended that, in similar circumstances, the expenses should

be ascertained and decerned for i the Interlocutor giving decree, 7 A defender entered appearance in a action, and condescendence an defences were ordered. The pa suer failed to lodge his condesce dence, but thereafter made a re rence to the defender's oath. ( his failure to appear and depo decree was given, and this held be a decree in foro, and not as absence, 142.

Defective Machinery-Damages-Ca tain machinery employed about quarry having proved defective a given way, whereby a workman w killed, circumstances in which t master held responsible, and damag of £100 awarded to the workma widow, 93.

Disposition-Ex facie absolute-T
holder of a deed, ex facie absolute, b
in security only, not liable to a trad
man for work done on the heritab
subjects, on the exclusive employme
of those who had the radical right
the subjects, 102.
Delegation-A farm manager hing
made purchases on behalf of his em
ployer, for which he granted hi
acceptance.-Held that the employe
was liable for the account, and bot
to retire the bill, 137.
Diligence-Warrant of sequestratio
was granted on an ex parte petitio
This coming to the knowledge of t
respondents before it was carried in
execution, they presented a petit
for interdict. Circumstances in whi
interdict granted, 139.
Dissolution. See Company, 157.

Expenses-An application to interd
the publication of certain letters in
different county from that in
the application was made, dismis
from want of jurisdiction, be
penses refused to either party,
"Executorial"-A clause in a contr
in these terms: "To be done to
engineer's entire satisfaction, or
of any competent party appointed
the proprietors to see the work ear
out," and "should any dispute
in connection with the work,
true meaning and intent of the
fication, or the schedule, or pla
same shall be referred to W.
engineer, K., whose decision
be final and binding on the part
and not subject to review."
(1), that as no arbiter was name
the first part of the clause, there
no valid and binding reference
(2), that the second part of the da
was "executorial of the conte
and not a reference of the eventi
claims of parties' hinc ind
liminary plea, founded on that
that there was an existing refere
repelled, 71.
Executor-A widow was confir

executrix to her deceased hush
On her death, one of her sons
tinued her business, and there
sold off the stock. None
children made up any title
mother. One of the children
the son, who had carried on
business, for her legitim, in the

racter of a vitious intromitter. Held that the action was irrelevant as laid, and same dismissed with expenses, 105.

Executor-dative-Executor quoad non Executa-John was confirmed executor-dative to Hugh. John died. James presented a petition to the Commissary to be appointed executor ad non executa to Hugh. Held by the Commissary-Depute, and acquiesced in, that Hugh's personal estate having vested in John, it was incompetent to appoint James executor ad non executa as craved, 111.

Evidence-The defender in an action was cited and examined as a witness for the pursuer. He was not crossexamined by his own agent. At his conjunct proof he was tendered as a witness for himself. Objected by the pursuer, that having been already adduced as a witness in the cause, it was incompetent to re-examine him. Ubjection repelled in respect of the practice of the Court-but see Watt, 10th January, 1863, 124.

Error calculi. See Contract, 165.

Fitation

A plea in defence that the dates of alleged connection were not set farth so as to bring these within the period of gestation repelledobserved that the times, places, and dates of connection are all impertinent in a summons of filiation-that these are only a recital of evidence and all that is needful is to aver that a child was born of a certain date, and that the defender is the father, 20. Circumstances in which paternity held proved, 161. Foreign Seamen-A foreign seaman sued his master, who was also foreign, while in a British port, for wages, under the British Merchant Shipping Act. Action dismissed on the ground that the Court had no jurisdiction, 40. Form of Affidavit. See Competition for Trusteeship, 81.

Fareign Judgment-A judgment, in absence, was recovered in the Court of Queen's Bench in England against * firm then subject to the jurisdiction of that Court. One of the partners came to Scotland; an action was raised against him there, not asking a decree conform, but for payment of the original debt, the foreign judg ment being only referred to narrative. Held that the plea of res judicata applied, and the defender assoilzied. Notice of an intended dissolution of a company, by a retiring partner, was sent to a party with whom the mpany dealt, some days before the Colution took place. In an action ler goods ordered, in name of the company, by the remaining partner, between the date of the notice and the publication of the dissolution in the London Gazette-held that the notice was good notice to the party furnishing, and defender assoilzied,

157. Funeral. See Toll, 184.

See Hus

Goods in Communion. band, 27. Gazette Notice. See Bankruptcy Act, sect. 68, 63.

Goods-A commercial traveller gave in charge to the servants of a railway company a leather case containing samples. It was, in mistake, carried beyond the station to which the traveller was booked, and was not restored till after some days. In an action for the loss occasioned by the detention-Held that the case, not having contained personal luggage, the company was not liable, 84. General Balance. See Bill, 106. Guarantor. See Bill, 168.

Husband. See Aliment.

In an action for restitution of certain goods in communion, parted with by a husband on the death of his wife, after the passing of the Moveable Intestacy Act, but in ignorance of the change in the law-held that though ignorance in fact may found an action of condictio indebiti, ignorance in law will not, and action dismissed, 27.

A bank note for £20 was taken possession of by the police for judicial purposes. These having been served, a multiplepoinding was raised by the police superintendent, to which he called three parties who claimed the note-namely, the original owner, and a husband and wife, who claimed it as given to the wife ob turpem causam. The SheriffSubstitute rejected the claim of the husband and wife, on the ground (1) that there was no evidence to prove the alleged cause for donation; and (2) that the original owner of the note was so drunk that the note must be held as obtained from him fraudulently. On appeal, the Sheriff also rejected the claim of the husband and wife, and preferred the original owner, on the grounds (1) that turpis causa had been proved; (2) the husband knew and acquiesced, and having thus been guilty of lenocinium, he could not maintain an action, or claim payment or delivery of the fund in medio, 66.

Hypothec

Household Furniture of Agricultural Tenant-Circumstances in which the household furniture of an agricultural tenant's dwelling-house, situated on his farm, held subject to the landlord's hypothec for the rent of the farm, and sequestration and sale authorised, 141. A corporation mill had lofts and granaries attached to it, which were let out to the members for a certain rent. Wheat had been stored, but removed between terms, but no rent had been asked or paid on each parcel. The landlords claimed a right of hypothec for store-rent over other parcels of wheat; claim repelled.-A miller ground certain quantities of wheat into flour, and delivered to the owner of the wheat, keeping an account for the milling. On the bankruptcy of the owner of

the wheat, other parcels were in possession of the miller, who, in a question with the trustee, claimed a lien on the grain in his possession for the former milling. Held, on a proof, that, from the course of dealing, there was a general lien for former work on any grain in their possession, and defence sustained, 171.

Heritable Security. See Cautioner, 143.

Interdict

A landlord began to take down a tenement before having arranged with one of the tenants. The tenant applied for and obtained interim interdict. The Substitute, on grounds of expediency, recalled the interdict, on the respondent's finding caution to indemnify the petitioner. On appeal, held that the petitioner, standing on her legal rights, was not bound to resort to a claim of damages only against the offending party, but was entitled to interdict, and interim interdict granted, 1.

In a possessory action for interdicting a novum opus on a property which had been used beyond seven years in its former condition, notwithstanding the nature of the title, interdict granted as craved, until an action of declarator should be brought, 35.

The respondents, without judicial authority, put obstructions across a servitude road, but in virtue of an Act to Improve the Clyde and Harbour of Glasgow. The petitioners, as representing neighbouring proprietors, presented a petition for interdict. After a proof, held that the respondents had failed to prove their exclusive right to the road, and to interfere with its use, while the petitioners had established a prima facie case, entitling them to its use, and interdict granted as craved, 129.

A party, A., prepared a cough mixture from a recipe of his own, but labelled and sold it as prepared from the recipe of a celebrated physician. Another party, B., prepared and sold a cough mixture under a similar name. A., alleging that B.'s label was a colourable imitation of his, and used to the detriment of his prior right, presented an application for interdict against B. Interdict refused, 134. See Diligence, 139. See Expenses, 86. Indorsation. See Assignation, 139.

Injury to Workman. See Defective Machinery, 93.

Imperial Measure-Acts 5 Geo. IX., c. 74, and 5 and 6 Will. IV., c. 63— A quantity of potatoes was sold by the Scotch acre. In an action for payment, the contract held to have been illegal as contrary to statute, and dismissed with expenses, 162. See Contract of Sale, 78. See Contract, 89. Inhibition. See Husband, 50. Irritancy. See Bankruptcy, 2.