Page images
PDF
EPUB

THE

JOURNAL OF JURISPRUDENCE,

1867.

VOL. XI.

EDINBURGH:

T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET.

GLASGOW: SMITH AND SON. ABERDEEN: WYLLIE AND SON.

LONDON: STEVENS AND SONS.

MDCCCLXVII.

[blocks in formation]

CONTENTS.

Correspondence, 88, 253, 311, 547, 576, 577.
Counsel for Fenian Prisoners, Mr Butts
Fees, 322.

Counsel in Sheriff Courts, Employment of,

499.

Imprisonment, Wrongful, 372.
Infanticide, 303.

Inglis, Installation of Lord President, 196.
Insurance, Abuses of Mercantile, 244.
Interlocutor Sheets, Printed, 90.

Introductory Addresses, Lord Ormidale and
Mr Moncrieff, 566,

International Law, New Chair of Cam-

bridge, 34.

Inverary Circuit, 268, 464.

Joint-Stock Companies, Recent Decisions as

to, 233, 289.

Judicial Scandal, Notes on a, 559.

Juries, Seclusion of, in Criminal Trials, 132.

[blocks in formation]

Fraser on Parent and Child, 22.
Hendry's Manual of Conveyancing, 24.
Macdonald's Criminal Law, 137.
Montgomerie Bell's Lectures, 405.
Nicolson's Debt Recovery Act, 562.
Papers Printed by the Society of Law
Clerks of Dundee, 408.

Parliament House Book, 1867-8.

NOTES IN THE INNER HOUSE-

H. M. Adv. v. Barbour and Lang, 17.

Beattie v. Adamson, 19.

Johnstone, Beattie, v. Johnstone, 185.
Maclean and Hope v. Munck; Moes,
Moliere, and Tromp v. Leith Shipping
Co.; Adamson, Howie & Co. v. Guild,
531.

Wilson v. Sneddons, 187.

Police Magistrates, Paid v. Unpaid, 538.
Post Office, The, and Circular Delivery
Companies, 501.

Prescription, English Law of, 207.

Principals Liability for Debit of Agent, 507.

Procurators' Act, 34.

Procurators, General Council of, 543.

Procurators' Apprentices, 538.

Proofs in the Outer House, 1, 198.

Proof of Loan in Small Debt Courts, 557.
Publican's Licence, Can a Minor hold a, 372.

Queen's Counsel, Proposal to appoint, 358,
393, 418, 500.

Queries, 507.

Queries, Answers to, 546.

Railway Accidents, Compensation for, 95,
154, 208.

Railway Companies, their Liability for
Latent Defects in Carriages, 315.
Railways, Infant Passengers on, 320.
Rapes, 269.

Recovery of Debts Bill and Act, 202, 264,
489, 505.

Reforms, Proposed Law, 26, 156, 413.
Registration Appeal Court, 31, 321.
Reports, The English, 94.
Representation of People Bill, 321.

Scotch Criminal Statistics, 571.

Scott, Mr Charles, on Law Reforms, 413.

Settlement, Law of, 19.

Sheriff Court Decisions, Reports of, 537.

Sheriff Courts, Counsel in, 499.

Sheriff Courts, Pleading, 65.

Sheriff Courts, Process, 6.

Sheriff Courts, Reforms, 193.

Sheriff-Substitutes, Retiring allowance of,

196.

THE

JOURNAL OF JURISPRUDENCE.

PROOFS IN THE OUTER HOUSE.

THE Evidence Act of last Session has now been in operation for six weeks, and a considerable number of proofs have been taken under its provisions. But as few judgments on evidence have become known, and as none have come before the Inner House for review, the remarks which we hazard must be taken for the most part as tentative or suggestive, rather than as expressions of fully formed opinion. Upon the whole, the Act has given satisfaction, although it cannot be said that it is yet in thorough working order. Neither judges, counsel, nor agents are yet familiar with the course of procedure under it; and some important points of practice, which arise in almost every trial, not only are still unsettled, but have given occasion to difference of opinion, and, unless a remedy is applied, may lead to serious diversity of practice at the various bars. We refer especially to the time when counsel are to speak on the proof, and the mode in which documentary evidence is to be recovered and put in. It was very early intimated by at least one Lord Ordinary, and it was supposed to be the wish of all, that the debate should follow the conclusion of the proof without any delay. Whatever the theory on this matter may be, the practice undoubtedly has been to allow an interval to elapse. No doubt there is the excuse of novelty, which should now be wearing off; and it was said that there were exceptional circumstances in some of the cases, but it can hardly be that all the score of cases which have been thus tried were of an exceptional character. There is, we rather think, a growing inclination to allow a short interval, of one or perhaps two nights, between the examination of witnesses and the debate on evidence. There VOL. XI. NO. CXXI.—JANUary 1867.

« PreviousContinue »