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CONTENTS.

Page

Page

Axignability of an Extract Decree of Special Service, 1 Reviews,

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

and Scotland,

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

Church Courts' Bill,

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., 86

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,

89

Page

Page

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

Hutt, or Watt v. Watt,

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. White,

60

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

80

and Birse,

172 Purdie v. Kelly,

92

Procurator-Fiscal v. Gardiner,

118

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

149

Johnston v. Skeoch,

57

Jarvie & Smith v. Jardines,

109

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

Robertson v. Nairne,

83

Kirkcaldy, or Grant v. William Kirkcaldy, Com-

91

Reid v. Beveridge,

peting,

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

Loyson v. Walker,

151 Spowart & Co. v. Taylor,

148

Lyon & Anderson's Trustee v. Mackay,

151 Schlessinger & Co. v. Miller,

49

Lee v. Stephen & Sons,

166

Thomson v. Wright,

6

M'Coll v. M'Kellar,
5 Tennant, Sons & Co. v. Stanbury,

44

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'Nab & 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 v. Gardner,

168

Wemyss, Lord, v. Ritchie,

140

Nichol v. Harris,

51

THE

SCOTTISH

LAW MAGAZINE

AND

SHERIFF COURT REPORTER.

ON THE INSTANCES IN WHICH THE LAW OF ENGLAND HAS BEEN BORROWED

FROM THAT OF SCOTLAND. BY SIR ARCHIBALD ALISON, BART., D.C.L.

Fear 1847.

SE ARCHIBALD ALISON, Bart., Honorary President of science of law is—tlrat it embraces all the rights of the Glasgow Juridical Society, delivered the follow- individuals, all the rights of the public; that it coning lecture to the members of the Society, in the siders all the duties and responsibilities of the marSheriff Court House, on the 22d January, “On the ried state, of parent and child, of tutor and pupil, of instances in which the Law of England has been guardian and ward, as well as the whole transactions borrowed from that of Scotland.”

so rapidly multiplying with the progressed wealth and M President and Gentlemen, before proceeding to the extension of commerce, and all actions arising the appointed business of this evening, allow me to from them, in ordinary life, the distribution of procongratulate this Society, and the legal profession of perty by will, and the whole questions arising from which it forms a part, and of which it is so great an the succession to the dead and the taking the succesornament, upon the rapid progress of your numbers. sion by the living—when we consider how great and The Society was instituted fifteen years ago—in the immense a field of inquiry law in this manner opens

It first had only—as all other good up, it is obvious that too much attention never things have a very small beginning; six or eight be paid to the great principles of jurisprudence upon members were all who generally attended in the first which alone so stupendous and multifarious a system session, and now the honorary and ordinary members can be properly investigated and brought into everyamount to 150, and the persons who attend regularly day practice. amount to about sixty. Twenty-eight new members If you go back to former ages, we shall find vere admitted last year, and twelve have already that the science of law is one of such magnitude been admitted this season. I cannot but regard these and difficulty, that its true principles can only be facts as very creditable to the legal profession in this arrived at by a large experience and by repeated city. It is a truly gratifying thing to see that so efforts, many of them attended with failure, not of many gentlemen, whose time is of value, whose time one nation alone, but of many nations. It is not is their fortune and their means of living, have com- surprising, therefore, that the most approved systems hined together to improve themselves in the noble of law which have appeared have been borrowed from profession to which they belong, to endeavour to im- the laws of other countries. The science of law, and plant, in the practice of its Courts, the principles, the the questions it involves, are not only far beyond the justice, the equity which, from the earliest times, power of any individual to grasp by single efforts, bave distinguished the jurisprudence of all civilised but are far beyond the powers of any one nation to sations. It is not surprising that the gentlemen en- embrace in its longest experience, and by the efforts wasted with the management of cases so numerous of its whole inhabitants. It is by a succession of ai important as are now conducted by the Faculty nations that the truths of jurisprudence are at length Procurators in Glasgow should feel a desire to im- arrived at, and accordingly we shall find that the prire themselves in the higher branches of the pro- nations who have most enriched the science of law, fasis to which they belong, for it is by such im- are those who have borrowed most largely from the provement alone that they can keep abreast of the experience of other States. Of all the nations with secessities of the age, and of what the public expects whom we are acquainted, the Romans have formed

t therm When we reflect what a great thing the the greatest and most wonderful system of jurispru

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