T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET. ABERDEEN: WYLLIE & SON. LONDON: STEVENS & SONS. MDCCCLXXIV. MUIR AND PATERSON, PRINTERS, EDINBURGH 92397 BRARY OF THE LELAND STANGED, JR., UNIVERSITY LAW DEPARTMENT. CONTENTS. Accident insurance, 146 Act of Sederunt anent examination of Actio Injuriarum, note on the, 407 Administration of justice, uniformity of Aliment of wife and family, soldier's lia- Annan School Board, Returning Officer's Appointments, 96, 157, 275, 331, 384, Artisans, the demand of the, 121 Bachelor of Law, degree of, 535, 623 Ballot Act, some questions under, 199 Ballot Act, Sir Charles Dilke and the, 266 Baxter, John Boyd, jubilee of, 478 Begg's Law relating to law agents, 22 Bell (Glassford) Case, official documents Bench, strong language on the, 96 Bill, Feudal Tenure, 89; Entail, 89; Glasgow Stipendiary Magistrates, 270, 322; Lord Advocate Gordon's Convey- ancing, 271, 377; Conjugal Rights (Scotland) Amendment, 323; Betting Houses, 325; Lord Cairns' Judicature, 326, 379; Parliamentary Elections (Returning Officers), 381; Evidence Bills passed and bills dropped, 486 Cairns', Lord, Judicature Bill, 326, 379 Cameron's Brief Summary of the law of Joint Stock Companies under the Com- Conflict of laws in Germany, instances Conveyancing and Land Transfer Bill, Court of Session, improvement in the, 384 Debts Recovery Act-Merchants' ac- Degree of Bachelor of Law (B. L.), 535, 623 Donations, mode of proof in, 289, 345 Eldest daughter or heir-female, note on the meaning of, in a destination of Eminent Scotch Lawyers of the last cen- Evidence in courts of law, should the testimony of any and what persons excluded as witnesses be admissible as, Evidence Law Amendment (Scotland) Examinations of law agents, Act of Se- Exceptio Rei Judicatæ, note on, 15 Expenses of litigation, 1, 130, 245, 372, Experts, testimony of, in judicial pro- Fees of recording in Register of Sasines, Fees of Sheriff officers for serving sum- Felony by carriers' servants, 328 Free Land-Feudal Tenure and Entail Germany, conflict of laws in, 274 Germany, liability of railroad companies Glasgow Stipendiary Magistrates Bill, Graduation in Law-Degree of B.L., 623 Homicide Law Amendment Bill, Report Improvement in the Court of Session, 384 Interim Appointments by Court of Ses- International Law, Institute of, 28 Journeymen Judges, 267 Judicature Bill, Lord Cairns', 326, 379 "Jurist," Mourn for the,-a Reporter's Law Agents, Act of Sederunt anent Law Amendment Society, Scottish, paper Law and Legislation of the past year, Law Schools in United States, 207 Legal Practitioner's Society, 33 Lien on Cargo for Freight and Demur- Lord Mayor's Law, 599 Master's Liability for wrongful acts of Municipal Elections, notes of recent cases for the use of returning officers, 600 Parliamentary Elections (Returning Offi- Returning Officers, Parliamentary Elec- Reviews, 18, 22, 262, 264, 440, 534 Revocation of Testamentary Deeds, ex- Sanitary Inspectors and Sanitary Inspec- Saunders' Law and Practice of Affiliation, School Boards, powers of, as to religious School Boards, Remuneration of Return- Sheriff Court, Summary Criminal Juris- Sheriff Officers, fees of, for serving Sum- Sheriff-Substitutes and their Salaries, 84 Shorthand Writers and Sheriff Courts, 598 Social Science Association, 537 Solicitor's Account, example of, 156 Statistics, Judicial, 1872, 65; Prison, 1873, 365; Judicial, 1873, 516 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. A |