Gambar halaman
[ocr errors][merged small][merged small][merged small][merged small][merged small]


[ocr errors]
[merged small][ocr errors][ocr errors][ocr errors]
[ocr errors]

Accident insurance, 146

Act of Sederunt anent examination of

law agents, 40

Actio Injuriarum, note on the, 407
Acts of Sederunt, the old, 522
Administration of justice, uniformity of
practice in the, 268
Aliment of wife and family, soldier's lia-
bility for, 38

Annan School Board, Returning Officer's

remuneration, 36

Appointments, 96, 157, 275, 331, 384,

443, 542, 604

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, Henry Glassford, 97

Bell (Glassford) Case, 85

Bell (Glassford) Case, official documents

in, 92

Bench and Bar of Quebec, 205

Bench, strong language on the, 96

Benholme, Lord, 543

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

Law Amendment (Scotland), 383

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-
panies Acts of 1862 and 1867, 440
Cargo, lien on, for freight and demurrage,
Carriers as warehousemen, rights and
duties of, English law on, 538

Carriers' servants, felony by, 328

Cases stated from inferior courts, 489

Chief Justices of United States, 91
Citation of cases, 88
Cleghorn, Thomas, 385
Codification of the law, 305
Colonsay, Lord, 157
Common Law Status of Trades Unions,

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
Donations, on, 233
Donations, mode of proof in, 289, 345
Eldest daughter or heir-female, note on
the meaning of, in a destination of
heritage, 470
Eminent Scotch Lawyers of the last cen-
tury, 194, 401

Evidence in courts of law, should the

testimony of any and what persons

ould as witnesses be admissible as,


Evidence Law Amendment (Scotland)

Bill, 383

Examinations of law agents, Act of Se-
derunt anent, 40
Exceptio Rei Judicatae, note on, 15
Expenses of litigation, 1, 130, 245, 372,
418, 463
Experts, testimony of, in judicial pro-
ceedings, 273
Fees of recording in Register of Sasines,
Fees of Sheriff officers for serving sum-
monses, 441

Felony by carriers' servants, 328

Free Land—Feudal Tenure and Entail

Bills, 89

General Election, 144

Germany, conflict of laws in, 274

Germany, liability of railroad companies

in, 250

Glasgow Stipendiary Magistrates Bill,
270, 322

Graduation in Law—Degree of B.L., 623

Hailes, Lord, 401
Homicide Law Amendment Bill, Report
of Select Committee on, 483

Improvement in the Court of Session, 384

Infants, religious education of, 480

[ocr errors]

Insanity, legal view of 183

Insurance, Accident, 146

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

Prison Statistics, 1873, 365

Quebec, Bench and Bar of, 205

Questions under the Ballot Act, 199

Railroad Companies, Liability of, in Ger-

many, 250

Railway Commission, the, 509

Railway Regulation, 135

Rattigan's De Jure Personarum, 22

Registration Cases, digest of, from 1869

to 1873, 453

Register of Sasines, fees of recording in,
Religious Instruction, Powers of School
Boards as to, 37

Religious Education of Infants, 480

Responsibility of Statutory Trustees for

fault or negligence of their servants, 32

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,
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,


Statutory Trustees, responsibility of, for

fault or negligence of their servants, 32

Stipendiary Magistrates Bill, 270, 322

Successful Career, a, 477

Summary Criminal Jurisdiction of Sheriff

Court, 253 -

Supreme Court of Judicature Act 1873, 9
Tennent, Hugh Lyon, 103
Testamentary Deeds, express and implied
revocation of, 421
Testimony of Experts in Judicial pro-
ceedings, 273

“Three Rules of Washington,” The, in

their relation to International Arbitra-

tion, 622

Tichborne Trial, 29
Tichborne Case, compared with previous
impostures, Brown on the, 264

Touting, 542 -

Trades Unions, Common Law Status of,177

Trustees, Statutory, responsibility of, 32

Uniformity of Practice in the Adminis-

tration of Justice, 268

United States, the Chief Justice of 91
United States, Law Schools in, 207
Unnecessary Citation of Cases, 88
Vacation Arrangements, 208, 443
Vacation Arrangements, other, 440
Veitch, James, 40
Young, Appointment of Lord, 157





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 Trialso


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 (Lennow 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. Cowan, 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.

[ocr errors]
« SebelumnyaLanjutkan »