The Journal of Jurisprudence, Volume 14T.T. Clark, 1870 - Law |
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Common terms and phrases
Aberdeen Act of Parliament action agent alleged amount appeal apply appointed appt bill burgh cause charge claim clause Colonsay Commissioners contract Court of Session creditors damage death decerns deed defender defender's defr defr.'s Digest domicile domicile of origin doubt duty Edinburgh emphyteusis England entitled evidence expenses fact favour Finds Glasgow granted ground heir held House House of Lords husband interest interlocutor Judge judgment judicial jurisdiction jury justice kirk-session land lawyers lease level crossing lex Aquilia liable Lord Advocate Lord Ordinary marriage matter object opinion Outer House parish Parliament parties payment person Peterhead petition plea possession present principle proceedings proof proprietor proved provisions pursuer question railway company reference regard residence respect respts rule salmon Scotch Scotland shares Sheriff Court Sheriff-Substitute Small Debt smolts statute taken tion trustees Vict whole
Popular passages
Page 515 - Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company made criminal by any Act for the time being in force.
Page 364 - ... act, to any other person, in possession or expectancy, shall be deemed to have conferred or to confer, on the person entitled by reason of any such disposition or devolution, a
Page 559 - pedlar ' means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered, or selling or offering for sale his skill in handicraft...
Page 363 - Act. either immediately or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation, and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person...
Page 547 - All the cases, when they come to be examined, seem to establish this principle: that all restraints upon trade are bad, as being in violation of public policy, unless they are natural and not unreasonable for the protection of the parties in dealing legally with some subject matter of contract.
Page 543 - ... to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting...
Page 385 - Where a statute directs the doing of a thing for the sake of justice or the public good, the word 'may' is the same as the word 'shall;
Page 9 - Children grew disobedient when they knew they could not be set aside : farmers were ousted of their leases made by tenants in tail ; for, if such leases had been valid, then, under colour of long leases, the issue might have been virtually disinherited : creditors were defrauded of their debts ; for, if tenant in tail could have charged his estate with their payment, he might also have defeated his issue, by mortgaging it for as much as it was worth...
Page 471 - The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.
Page 511 - all rents, annuities, dividends, and other periodical payments in the nature of income...