The Journal of Jurisprudence, Volume 13T.T. Clark, 1869 - Law |
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action admitted Advocate agent alleged appeal apply appointed Ardmillan bill bill of lading burgh charter-party Circuit claim clause Commissioners common law competent contract Court of Session creditors damages debt decision decree deed defender defr defr.'s domicile duty Edinburgh effect England English entail entitled evidence examination expenses fact Faculty Faculty of Advocates favour freight Glasgow granted ground heirs held heritable heritors House House of Lords interlocutor Judges judgment judicial jurisdiction jury justice lands lawyers lease liable litigants Lord Advocate Lord Ordinary marriage matter objection opinion Outer House owner parish parties payment person petition petitioner petr pleaded possession present proceedings Procurators proof proprietor proved provisions pursuer question railway reference regard respect respt rule Scotch Scotland sequestration Sheriff Court Sheriff-Substitute ship Society Solicitors statute Supreme Court tenant tion trial trustee Vict
Popular passages
Page 638 - The law charges this person thus intrusted to carry goods against all events but acts of God and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Page 638 - ... carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, etc., and yet doing it in such a clandestine manner, as would not be possible to be discovered. And this is the reason the law is founded upon in that point.
Page 419 - Yet who can doubt that the public are gainers by the change, and that, though injustice may often be done, and though public men may often have to smart under the keen sense of wrong inflicted by hostile criticism, the nation profits by public opinion being thus freely brought to bear on the discharge of public duties...
Page 419 - Whatever disadvantages attach to a system of unwritten law, and of these we are fully sensible, it has at least this advantage, that its elasticity enables those who administer it to adapt it to the varying conditions of society, and to the requirements and habits of the age in which we live, so as to avoid the inconsistencies and injustice which arise when the law is no longer in harmony with the wants and usages and interests of the generation to which it is immediately applied.
Page 545 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 638 - As to the fifth sort of bailment, viz. a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts ; either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page 182 - ... qualia sunt ea quae in iure consistunt, sicut hereditas ususfructus obligationes quoquo modo contractae. Nee ad rem pertinet, quod in hereditate res corporales continentur; nam et fructus, qui ex fundo percipiuntur, corporales sunt, et id quod ex aliqua obligatione nobis debetur plerumque corporale est, veluti fundus homo pecunia: nam ipsum ius successionis et ipsum ius utendi fruendi et ipsum ius obligationis incorpórale est. Eodem numero sunt et iura praediorum urbanorum et rusticorum, quae...
Page 417 - A fair account of what takes place in a court of justice is privileged. The reason is, that the balance of public benefit from publicity is great. It is of great consequence that the public should know what takes place in court; and the proceedings are under the control of the judges. The inconvenience, therefore, arising from the chance of...
Page 90 - Act. And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form.
Page 480 - ... [that the laws which concern publick right '] policy and civil government may be made the same throughout the whole United Kingdom But that no alteration be made in laws which concern private right except for evident utility of the subjects within Scotland ARTICLE XIX.