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. CONTENTS. Agents, Disfranchisement of, 459. Agents, Partnership Liability of Law, 460. Appointments, 93, 94, 95, 96, 148, 158, 159, 206, 208, 317, 370, 418, 463, 503, 504, 543, 576. Attorneys' Certificate Tax, 207, 416. Augmentations of Stipend, Practice in Banking Companies, Sale of Shares in, 504. Bankruptcy Bill, English, 208. Bar, Promotion at the, 358, 393, 418, 500. Bills, Scotch, in Parliament, 156. Brodie, The late George, Advocate, 128. Business Hours in Edinburgh, 411. Calls to the Bar, 37, 373, 419. Circuits, Distribution of Poor's business at, Clerks of Court carrying on Business as Colonies, The Scotch Bar and the, 88, 93. Colonsay, Lord, 140, 144, 147, 149. Combination Laws-Intimidation, 416. Commissions, Royal and Select Committees, Correspondence, 88, 253, 311, 547, 576, 577. Counsel in Sheriff Courts, Employment of, 499. Court of Session, Business of, 198, 410, 536. Court of Session, Procedure in, 253. Criminal Appeal to Home Secretary, 259. Crown, its immunity from Local Taxes, 17. Currie, Retirement of Mr., 814. Dean of Faculty, Address by, Debts Recovery Act, 202, 264, 489, 505, 524, Dialogue in Court, 35. Digest of Law Commission, Report of, Divorce, Patrimonial Consequences of, 185. Divorce Court, Jurisdiction of English, 96. Dundee, Sheriff Court, 90,"462. Dundee, Proposed Law School, 91. Foreman, Liability of a Master for the Fault Foreshore Question, 75. French Bar, The, 121, 177, 345. Glasgow Conveyancing Chair, 206. Glasgow Scotch Law Chair, 318, 503. Glasgow Sheriffs and the Debts Recovery Greenock, A Circuit Court at, 268, 464. Home Secretary, The, as a Court of Criminal Imprisonment, Wrongful, 372. Inglis, Installation of Lord President, 196. Introductory Addresses, Lord Ormidale and International Law, New Chair of Cam- Joint-Stock Companies, Recent Decisions as Fraser on Parent and Child, 22. Parliament House Book, 1867-8. H. M. Adv. v. Barbour and Lang, 17. Johnstone, Beattie, v. Johnstone, 185. Wilson v. Sneddons, 187. Henry Home Drummond, Adv., 502. Lord Chancellor Blackburne, 575. George M'Clelland, Esq., W.S., 576. Hugh Handyside, Esq., W.S., 576. Thomas Barty, Esq., Solr., N.P., 576. Oratory, Modern Forensic, 569. Ormidale's, Lord, Address, 566. Outer House, Change of the Hour of Meet- Parliament, Management of Scotch bbsiness Parliament House, Atmosphere of, 536. Partnership, Recent Decisions as to, 233, 289. Police Magistrates, Paid v. Unpaid, 538. Prescription, English Law of, 207. Principals Liability for Debit of Agent, 507. Procurators, General Council of, 543. Procurators' Apprentices, 538. Proofs in the Outer House, 1, 198. Proof of Loan in Small Debt Courts, 557. Queen's Counsel, Proposal to appoint, 358, Queries, 507. Queries, Answers to, 546. Railway Accidents, Compensation for, 95, Railway Companies, their Liability for Recovery of Debts Bill and Act, 202, 264, Reforms, Proposed Law, 26, 156, 413. Scotch Criminal Statistics, 571. Scott, Mr Charles, on Law Reforms, 413. Sheriff Court Decisions, Reports of, 537. Sheriff Courts, Counsel in, 499. 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. |