A Practical Treatise on the Forms of Process: Containing the New Regulations Before the Court of Session, Inner-house, Outer-house and Bill-chamber; the Court of Teinds, and the Jury Court. With a Historical Introduction; a Detailed Account of the Public Registers, and Public Offices; and a Copious Appendix of Original Documents, Statutes, Acts of Sederunt, &c. &c. &c

Portada
Bell & Bradfute, 1826
 

Páginas seleccionadas

Índice

Housekeepers
84
Inferior judicatories
92
Disqualification
98
Courts of freeholders
105
Page
110
Registers for preservation
125
Registers for execution as well as preservation
131
2 Bills and promissorynotes
141
borrows
186
Bills of advocation
193
3 Suspension of decrees in absence in sheriffcourts
207
Mode of reviewing the judgments of the Lord
213
Particulars to be attended to in the BillCham
220
Provision in case of death resignation sickness
227
4 Privileged summonses and those not privileged
235
Of calling lists outgivings and returns
243
2 OuterHouse printed rolls
251
Lord Ordinaries hand rolls
266
4 Judicial protestations
280
Of Jury Court causes enumerated in 6 Geo IV
286
Of the summons and defences and production
300
How the record is to be completed by the summons
302
If an amendment is not lodged or is found incorrect
309
5 Final adjustment of the record on condescendences
318
Of res noviter veniens ad notitiam
324
Of the discussion of the cause before the Lord
330
What shall be done if the order for cases is not obey
333
TITLE V
339
Of processes of suspension
348
during the dependence? 368
368
TITLE VI
385
Of the reduction reductive reduction and
393
Procedure in processes combined with or remit
403
6 In petitions and complaints against magistrates c
411
Of procedure in the InnerHouse in causes
419
Form of revised condescendences in the InnerHouse
425
Of procedure in causes that originate in
428
Appointment of inferior judges and public officers
443
Parties assoilzied from the complaint of forgery
452
TITLE VIII
455
the BillChamber Lord Medwyn as Ordinary on the Bills in a case
474
16 Of pluris petitio in adjudications
488
20 Of the order of preference among adjudgers
493
Year and day how reckoned?
498
Form of the summons of adjudication on the
503
25 Letters of horning against superiors
507
26 Adjudication of a faculty
508
27 Form of the adjudication in security of a debt the term of payment whereof is not arrived 511
511
Adjudications deduced after the first effectual one
513
2 Of the title to pursue
514
Present form of the summons
516
N B Dele the words to be extracted 8th line from foot of
518
Conclusion as to newly discovered subjects
519
Conclusions of sale
520
Creditors must convey to the purchaser
521
First interlocutor
523
Act and commission in the ranking and sale
525
Second interlocutor
526
Third interlocutor
527
Fourth interlocutor
528
Fifth interlocutor
529
Of remits ob contingentiam and conjunction
599
3 Of second diligence
606
Of proceedings where the defender in the pro
612
Of expenses of process
619
Of extractors and extracts
625
Of appeals to Parliament
631
TITLE X
649
Of the Judges of the Jury Court
651
Of the clerks and other officers of court
652
Of the Jury Court handroll
653
6 Of the Jury Court preparationroll
654
Of the roll of causes set down for trial
655
How the time of notices is reckoned
656
Processes do not fall asleep in the Jury Court
657
Procedure in causes remitted to the Jury Court under 6 Geo IV c 120 28
658
2 Where the defences are of a peremptory nature
660
3 Of the proceedings towards adjusting the record upon the summons and defences
661
Adjustment of the record where the parties do not abide by the summons and defences as a sufficient re cord
662
What if a question of law or relevancy occurs?
664
Of closing the record and preparing issues
665
Where the record is adjusted and closed in the Jury Court
666
Court ib 4 Who shall stand as pursuer in the Jury Court?
668
What if a trial by jury shall be rendered unneces sary by admissions of parties?
669
What if there are questions of law which the par ties desire to be fixed previously to trial
670
Of notices and proceedings preparatory to trial
672
Of proceedings after the trial where the ver
691
Of motions for new trial
693
Of expenses of process
701
TITLE XI
709
Of the forms of process anterior to the
723
Proceedings in actions of a ministerial nature
729
Ministerial jurisdiction of the Court in regard
739
Ministerial powers of the Court when the minister
747
Of proceedings in teind processes of a judicial
760
Of tacks of bishops teinds c
774
Form in which cases shall be prepared and debate
1
Act of sederunt 21st January 1535 reducing
8
Commission under the Great Seal to the Right
16
Regulations for messengersatarms 10th March
26
A list of the Lords of Session from the Revolu
35
Act concerning the transmission of processes from
46
Act of sederunt anent cautioners in suspensions
52
Act of sederunt concerning expenses on refused
55
Abstract of statute 48 Geo III c 151 4th
62
53 Geo III c 64 3d June 1813 entitled
76
1 and 2 Geo IV c 38 28th May 1821
84
Speech delivered by the Right Honourable
94
of Session upon the 12th November 1825 with reference
103
Act anent plantation of kirks and valuation
130
Act of sederunt relative to the form of pro
139
Act of sederunt of the teind court 24th
145
No XXXIXAct concerning judicial sales and rankings
152
59 Geo III c 35 19th May 1819 entitled
163
Abstract act of sederunt relative to the form
175
mons is now deducted at reponing a defender See Shaws Reports No 238
178
179
179
Practical forms in the Jury Court 188
188
Act of sederunt respecting expenses to be paid
201
209
209
END OF VOLUME FIRST
217

Otras ediciones - Ver todo

Términos y frases comunes

Pasajes populares

Página 689 - Assembly; be it therefore enacted by the authority aforesaid, that it shall and may be lawful for His Majesty, his heirs and successors, by...
Página 176 - ... his opinion to the jury aforesaid, that the said several matters so produced and given in evidence on the part of the said CD were not sufficient to bar the said AB of his action aforesaid...
Página 9 - That ten days. previous intimation shall be given to the adverse party of the time and place fixed for making the said declaration or statement before the minister and elders ; of which intimation evidence must be produced to the minister, under the hand of a notary-public, messenger at arms, sheriff or town officer, or other officer of the law.
Página 69 - Provided always, that in the event that two auditors of accounts shall be appointed, it shall and may be lawful for the Court of Session, and such Court is hereby empowered by an act or acts of sederunt, to regulate the manner in which the business of the said office shall be performed by the said two auditors, and the manner in which the fees granted by the said recited act shall be divided between them, any thing in the said recited act to the contrary notwithstanding : Provided further, that a...
Página 83 - ... setting forth without argument the facts which they aver and offer to prove in support of the summons and defences; and in such condescendence, answers, or mutual condescendences, the parties shall, in substantive propositions, and under distinct heads or articles, set forth all facts and circumstances pertinent to the cause of action, or to the defence, and which they respectively allege and offer to prove...
Página 119 - With regard to actions in which the jurisdiction of the Court of Teinds is of a ministerial or discretionary nature, it is provided by the Act, " That the procedure shall nowise be altered or affected by this Act, but the same shall continue to be exercised by the whole Lords Commissioners for Plantation of Kirks and Valuation of Teinds, or quorum thereof, in the same way and manner as heretofore.
Página 331 - Session shall, in reviewing the judgment proceeding on such proof, distinctly specify in their interlocutor the several facts material to the case which they find to be established by the proof, and express how far their judgment proceeds on the matter of fact so found or on matter of law...
Página 68 - ... an act passed in the fiftieth year of the reign of his late Majesty...
Página 177 - CD did then and there propose their aforesaid exception to the opinion of the said chief-justice, and requested him to put his seal to this bill of exceptions, containing the said several matters so produced and given in evidence on the part of the said...
Página 11 - That in case of neglect or failure in any of the particulars above specified, the Court, on the application of the adverse party shall open up and set aside the previous proceedings in the cause, and deprive the party of the benefit of the poor's roll, or may apply such other remedy as the circumstances of the case may require.

Información bibliográfica