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T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET.
GLASGOW: THOMAS MURRAY & SON; AND J. SMITH & SON.

ABERDEEN: WYLLIE & SON.

LONDON: STEVENS & SONS.

MDCCCLXXIV.

MUIR AND PATERSON, PRINTERS, EDINBURGH

92397

BRARY OF THE

LELAND STANGED, JR., UNIVERSITY

LAW DEPARTMENT.

CONTENTS.

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Conflict of laws in Germany, instances
of, 274
Conveyancing Bill, Lord Advocate Gor-
don's, 271

Conveyancing and Land Transfer Bill,
1874, Paper of Scottish Law Amend-
ment Society on, 377

Court of Session, improvement in the, 384
Criminal Jurisdiction, Summary, of the
Sheriff Court, 253

Debts Recovery Act-Merchants' ac-
counts, 660

Degree of Bachelor of Law (B. L.), 535, 623

Demand of the artisans, 121

Digest of registration cases from 1869 to

1873, 453

Interim Appointments by Court of Ses-

sion to Judicial Offices, 24

International Law, Institute of, 28

Journeymen Judges, 267
Judicature Act 1873, 9

Judicature Bill, Lord Cairns', 326, 379
Judicial Statistics 1872, 65
Judicial Statistics 1873, 516

"Jurist," Mourn for the,-a Reporter's
Lament, 596

Jurymen, Pay of, 545, 605

Kames, Lord, 194

Lady Lawyers, 486

Law Agents, Act of Sederunt anent

Examinations of, 40

Law Amendment Society, Scottish, paper

of, 377

Law and Legislation of the past year,
a few words on, 565

Law Schools in United States, 207
Lawyers, Eminent Scotch, of the last
century, 194, 401

Lawyers in Parliament, 87

Legal Offices Commission, 96

Legal Practitioner's Society, 33

Legal View of Insanity, 183

Lien on Cargo for Freight and Demur-

rage, 204

Lord Mayor's Law, 599

Master's Liability for wrongful acts of
servant, American law regarding, 410
Moncreiff's, Lord, Address at Social
Science Association, American Esti-
mate of, 662

Municipal Elections, notes of recent cases

for the use of returning officers, 600

Outram's Lyrics, 262

Parliamentary Elections (Returning Offi-

cers) Bill, 381

Parliament House Book for 1874-5, 598

Pay of Jurymen, 545, 605

Police Court Justice, 155

Practical Suggestions, two, 441

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Returning Officers, Parliamentary Elec-
tions, Bill, 381

Reviews, 18, 22, 262, 264, 440, 534

Revocation of Testamentary Deeds, ex-
press and implied, 421

River Pollution, 429

Robertson, George Brown, 40

Sanitary Inspectors and Sanitary Inspec-

tion of Scotland, 587

Saunders' Law and Practice of Affiliation,
534

School Boards, powers of, as to religious
instruction, 37

School Boards, Remuneration of Return-
ing Officers in Elections of, 36
Shand's, Lord, Address to Scots Law
Society, 656

Sheriff Court, Summary Criminal Juris-

diction of, 253

Sheriff Officers, fees of, for serving Sum-
monses, 441

Sheriff-Substitutes and their Salaries, 84

Shorthand Writers and Sheriff Courts, 598

Social Science Association, 537
Soldier's Liability for Aliment of wife
and family, 38

Solicitor's Account, example of, 156
Spanish Colonists, and their opinion
about lawyers, 271

Statistics, Judicial, 1872, 65; Prison,

1873, 365; Judicial, 1873, 516

Statutes of 1873 affecting Scotland, 78

Statutes of 1874 affecting Scotland, 527,

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THE

JOURNAL OF JURISPRUDENCE.

ON EXPENSES OF LITIGATION-III.

EXPENSES IN PARTICULAR ACTIONS.

UNDER this heading there falls to be considered the application of the general principles regarding expenses to particular classes of cases. It is obvious that this is a very important question, since, after the verdict has been given, the only question of real interest is often one of expenses. And, first, what are the rules relating to Jury Trials?

JURY TRIALS.

Expenses relating to the adjustment of Issues.-When issues for a jury trial are adjusted by the Court, all motions for the expenses connected with their discussion should be made at that time (Mackellar v. Duke of Sutherland, Jan. 14, 1859, 21 D. 222). Expenses are given against the party who has resisted the issue which is the right issue to try the case, and although the opposition was not unreasonable (Lennox v. Hurlet and Campsie Alum Co., Dec. 8, 1859, 22 D. 178).

After the Verdict.-Success in a jury trial, as in an ordinary trial, gives a right to expenses, and as a general rule the party who holds the verdict is considered successful. It was early laid down as the common law of the Jury Court in Scotland "that when a verdict is in favour of a party expenses go with it, unless special circumstances can be stated against it" (Hepburn v. Couran, July 14, 1817, 1 Murray, 267). The question of expenses in theory lies entirely with the judge, and cannot in any way be brought under the consideration of the jury (Simpson v. Liddle, Dec. 3, 1821, 2 M. 582, per L. C. C. Adam). But the Court have on more than one occasion given effect to the recommendation of the jury as to expenses (Dick v. Stewart, Jan. 16, 1836, 14 Shaw, 218), and in most actions of damages, as will be seen, the jury have it in their VOL XVIII. NO. CCV.-JANUARY 1874.

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