Common terms and phrases
action alleged annuity appears appellant applied appointment averred Caputh circumstances claim complainer conclusion concur contract Court of Session creditors damages David Souter debt decern deed of entail defender division doubt Dunluce Castle duty Easterhouse effect entailed estates entitled evidence expenses fact father favour Gardner George Ross granted ground harbour heir of entail heirs-male held heritable heritors House of Lords interdict interlocutor judgment Kinloch Rannoch lands liable liferent Loch Garry Lord Ordinary Lordships Macph marriage marriage-contract Martinmas matter minerals navigation obligation opinion owner parish parties payment person petitioners piers pilotage pilots possession Presbytery present proceedings proprietor purpose pursuer question quoad sacra railway referred regard respondent river river Leven rollers rule Scot Scotland sequestration servant settlement Sheriff shew ship statute tailzie thereof tion trust-deed trustees Whitsunday whole wife Woodhead
Popular passages
Page 100 - A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required.
Page 31 - ... any purpose for which it might, in the ordinary course of the enjoyment of land, be used ; and if in what I may term the natural user of that land there had been any accumulation of water, either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Page 104 - ... whether arising from the negligence, default, or error in judgment of the master, mariners, engineers or others of the crew, or otherwise howsoever.
Page 104 - ... by collisions, stranding or other accidents of navigation of whatsoever kind (even when occasioned by the negligence, default or error in judgment of the pilot, master, mariners, or other servants of the ship owner, not resulting, however, in any case, from want of due diligence by the owners of the ship, or any of them, or by the Ship's Husband or Manager).
Page 111 - Scotland, that where there is a contract to carry goods in a ship, whether that contract is in the shape of a bill of lading, or any other form, there is a duty on the part of the person who furnishes or supplies the ship, or that ship's room, unless something be stipulated which should prevent it, that the ship shall be fit for its purpose.
Page 111 - ... person who furnishes or supplies that ship, or that ship's room, unless something be stipulated which should prevent it, that the ship shall be fit for its purpose. That is generally expressed by saying that it shall be seaworthy; and I think also in marine contracts, contracts for sea carriage, that is what is properly called a "warranty...
Page 105 - seaworthy,' my Lords, I do not desire to point to any technical meaning of the term, but to express that the ship should be in a condition to encounter whatever perils of the sea a ship of that kind, and laden in that way, may be fairly expected to encounter in crossing the Atlantic.
Page 112 - Wilson,3 where I had directed the jury that there was an obligation, I did certainly conceive the law to be that the shipowner in such a case warranted the fitness of his ship when she sailed, and not merely that he had loyally, honestly, and...
Page 33 - ... such proof, and if the proof be not on that day completed may adjourn the same from time to time until completed, and within three days after such completion he shall give decree, and he may find either party liable in expenses, or in any modified sum of expenses, and may, without prejudice to diligence by poinding or arrestment, grant warrant for the imprisonment of the person convicted or found liable in a penalty or sum of money, unless he shall pay the whole sums found due within a specified...
Page 24 - In all proceedings by way of complaint instituted in Scotland, in virtue of any such statutes as are herein-before mentioned, the jurisdiction shall be deemed and taken to be of a criminal nature...