and E. are Executors, and for Decree against the said Executors for Payment of the Amount thereof, as will appear from the annexed Condescendence. May it therefore please your Lordships to find and declare that the Share or Interest in the Testamentary Estate of the said F., conceived in favour of the Pursuer by a Testament executed by the said F. on the Day of was a vested Interest in the Person of the Pursuer at the Death of the said F., and that the same amounts to One Fifth of the free moveable Estate of the said F., and also to decern and ordain the said C., D., and E., Executors foresaid, to make Payment to the Pursuer of the Sum of L. or such other Sum as may be ascertained to be the Amount or Value of his Share and Interest as aforesaid, with Interest thereon from the Term of Martinmas 18, as directed in the said Testament, and to find the Pursuer entitled to Expenses from the said Testamentary Estate, or to grant such other Relief as to your Lordships shall seem proper. According to Justice, etc. (Signed) X. I. [Here follows the Condescendence, according to the Form provided in this Act] (Signed) X. Y. The Bill and Condescendence to be drawn by Counsel, whose Name shall be stated, and to be signed by Counsel or Agent. No. 2. Bill of Declarator and Removing. Unto the Right Honourable the Lords of Council and Session. Bill of Declarator and Removing for A., heritable Proprietor of the Lands and Barony of in the Parish of and Shire of etc. against E., residing in That the Pursuer is under the Necessity of applying to your Lordships for a Declaration of his Title to the Property after mentioned, and for Decree of Bemoving against the Defender, as will appear from the annexed Condescendence. May it therefore please your Lordships to find and declare that a Piece of Ground, consisting of Acres [describe the Subjects in dispute], taken possession of by the said E., Defender, is a Part and Portion of all and whole the Lands and Barony of of which the Pursuer is Proprietor, and that the same pertains heritably in Property to the Pursuer in virtue of [specify the last Disposition and Sasine or registered Writ], and his other Rights and Titles, and also to decern and ordain the said E. [insert Conclusion for Remoring or other necessary Decerniture], and to find the Pursuer entitled to Expenses, or to grant such other Relief as to your Lordships shall seem proper. According to Justice, etc. [The Bill and Condescendence to be signed as before.] Unto, etc. No. 3. Bill of Accounting and Payment. That the Pursuer is under the Necessity of applying to your Lordships for an Order upon the Defender to enter into an accounting with him, and for Decree against the said Defender for Payment of the Balance of his Intromissions, as will appear from the annexed Condescendence: May it therefore please your Lordships to ordain the Defender to exhibit and produce before your Lordships a full and particular Account of his whole Intromissions as Factor for the Pursuer [or otherwise, as the Case may be], whereby the true Balance due by him to the Pursuer may be ascertained; and also to decern the said Defender to make Payment to the Pursuer of the Sura of L. or of such other Sum as may be ascertained to be due by the Defender as the Balance of his said Intromissions, with Interest on the said Account from the Day of until Payment; or, in the event of the Defender failing to produce an Account as aforesaid, to decern and ordain the said Defender to make Payment to the Pursuer of the Sum of L. or such other Sum as shall be ascertained to be due upon an Inquiry before your Lordships, and to find the Pursuer entitled to Expenses, or to grant such other Belief as to your Lordships shall seem proper. According to Justice, etc. [The Bill and Condescendence to be signed as before.] That the Pursuer is under the Necessity of applying to your Lordships for Delivery of the Property after mentioned, and for Interdict, as will appear iran the annexed Condescendence: May it therefore please your Lordships to decern and ordain the Defender to deliver to the Pursuer the Goods forming the Cargo of the Ship I., to which he entitled as Indorsee and Holder for Value of a Bill of Lading, dated the granted by the Defender in favour of and his Day of [The Bill and Condescendence to be signed as before.] Unto, etc. No. 5. Bill of Reduction and Declarator. That the Pursuer is under the Necessity of applying to your Lordships for Reduction of the Disposition and Settlement and other Writs after mentioned, and for Decree of Declarator in his Favour as Trustee aforesaid, as will appear from the annexed Condescendence: May it therefore please your Lordships to reduce and set aside a Disposition and Settlement executed by C. D. in favour of the Defender, dated the . Day of contrary to the Statute 1696, Cap. 5 [or as being false and forged. It shall not be imperative to refer to any Statute or other Head of Reducexcept Forgery]; and to find and declare the same to have been and to be all and void; and also to find and declare that the Pursuer, as Trustee aforesaid, is, in virtue of The Bankruptcy (Scotland) Act, 1856,' vest in all and whole the several Rights and Securities pretended to be conveyed by the said Disposition, viz., absolutely and redeemably, and to find the Pursuer entitled to Expenses, or to grant such other Relief as to your Lordships shall seem proper. According to Justice, etc. [The Bill and Condescendence to be signed as before.] Unto, etc. No. 6. Bill of Multiplepoinding. That the Pursuer [and real Raiser] is under the Necessity of applying to your Lordships for an Order for the Distribution of the Fund after mentioned [if the Pursuer is not the real Raiser, add, and this Action is accordingly raised in his Name by the said E., Defender] as will appear from the annexed Condescendence : May it therefore please your Lordships to find and declare that the said Pursuer is only liable in once and single Payment of the Principal Sum of contained in a Bond granted by him to G. H., his Heirs, Executors, and Assignees, and dated the with Interest until Payment, or until Consignation in this Process; and also to ordain the several Defenders, and all others pretending Right thereto, to produce their respective Claims to the End that the said Fund and Interest may be lawfully distributed; and to find the Pursuer entitled to his Expenses out of the said Fund, or to grant such other Relief as to your Lordships shall seem proper. According to Justice, etc. thereon from Day of [The Bill and Condescendence to be signed as before.] That the Pursuer is under the Necessity of applying to your Lordships for Decree of Divorce, as will appear from the annexed Condescendence: May it therefore please your Lordships to find Facts and Circumstances proven relevant to infer the Defender's Guilt of Adultery with therefore to find her guilty of Adultery accordingly, and to dissolve the Marriage between the Pursuer and the said Defender, and also to find and declare that the Defender has forfeited all the Rights and Privileges of a lawful Spouse. According to Justice, etc. [Bill and Condescendence to be signed as before.] SCHEDULE (D.) FORM OF PRECEPT TO BE ANNEXED TO THE BILL. (First) Division. Lord VICTORIA, etc. Ordinary. To C. D. [Name and Designation of the Defender.] We command you, that within Fourteen Days after Service of this Writ on you, inclusive of the Day of such Service [if in Scotland, or within Twenty-on Dags thereafter if in Orkney or Shetland or furth of Scotland, you do cause Appearance to be entered for you, and Answers to be lodged to the within Bill of Complaint of the within named A. B.;* and take notice that in default of your so doing the said A. B. may proceed therein to Judgment and Execution; and we charge Messengers-at-Arms to serve this Writ, and the within Bill of Complaint, upon the said Defender [and also lawfully to fence and arrest, Insert Warrant of Arrestment in common Form if desired]. Given under our Signet at Edinburgh. etc. [To be signed by the Pursuer's Agent, who shall be an Agent practising before the Court of Session.] SCHEDULE (E.) FORM OF EXECUTION OF SERVICE OR INTIMATION. This Summons, [or Bill, or Note of Suspension, or Bill of Suspension and Interdict, etc., or Petition,] executed [or intimated] by me [insert Name Messenger-at-Arms, against [or to] [insert Name or Names], Defender [ Defenders, or Respondent or Respondents] [state whether personally or otherwise), in Presence of [insert Name and Designation of Witness] this Eighteen hundred and Day of Years. [Signature of Messenger.] SCHEDULE (F.) FORM OF RECLAIMING NOTE. Unto the Right Honourable the Lords of Council and Session. Reclaiming Note for A. B., residing in at the Instance of C. D., residing in November (In this Action, Lord Pursuer in the Action, against him. Ordinary, was, of this Date, pleased 1863. to pronounce the prefixed Interlocutor, which, together with the other Interlocutors in the Cause, is submitted to the Review of the Court. May it therefore please your Lordships to recal or alter the said Interlocutor, and to grant such other Relief as to your Lordships shall seem proper. According to Justice, etc. [To be Signed by Counsel.] *Where Reduction is concluded for, add: and also that you cause to be exhibited and produced before the Lords of Council and Session the Writings which the Pursuer seeks to have reduced and set aside. THE JOURNAL OF JURISPRUDENCE. INTERPRETATION CLAUSES IN STATUTES. THE rapid increase of legislation in recent years has resulted in an accumulation of statute law, which renders its knowledge one of extreme difficulty. Every successive session of Parliament adds to the load; and commissioners successively and expensively appointed for the work of consolidation, have hitherto found their labours unavailing. One palpable grievance exists in the practice, that when a statute has been found obscure, and hence unworkable, instead of repealing it, an Act to explain its enactments is hastily passed through the Legislature. Often the difficulty is thus increased, and confusion becomes worse confounded. Many an Act bearing on its face the intention to explain provisions and remove difficulties, might with greater truth have set forth the fact of rather confusing the prior laws, and creating greater difficulties than those it actually removes. In due course a statute is passed to explain the explanatory statute. This may be indefinitely repeated; and thus the lawyer has to spell way through several successive statutes, when one clearly expressed law might have better subserved the purpose. It was well observed by the Lord President, in interpreting an Excise statute to be afterwards noticed, 'The statute is in some respects imperfect, and confessedly imperfect as regards this matter. There is throughout some degree of confusion in language: different words are used to express the same ideas, without uniformity in language, which is unfortunate, especially in dealing with persons and penalties. In this state of obscurity in the language of the statute, we have to wade or grope through it as we best can.' his VOL. VII. NO. LXXIX.-JULY 1863. 2Z In recent years, the obscurity of statutes has been sought to be cleared away by the introduction of a sort of glossary in the form of an interpretation clause. This clause, introduced sometimes at the beginning and at other times at the close of the Act, has in many instances become matter of mere form; and words are explained in senses which do not apply to the particular statute, and words are sought to be explained which sometimes are not even to be found anywhere in the statute. The Legislature bears the usual marks of senility by the loss of memory, in so far as it appears wholly oblivious of one of its own statutes. The Act 13 Vict., c. 21 (1850), ' For shortening the Language used in Acts of Parliament,' provides for the 'interpretation of certain words for future Acts.' Yet the same anxious solicitude in declaring that statutes must violate all rules of grammar in gender and number, is still observed in many subsequent statutes. Several remarkable instances of the perplexity arising from this clause of interpretation have occurred in Court. In the case on 28 Nov. 1861 (Reference from Quarter Sessions of Perth), 34 Jurist, 110, in an Excise Act it was attempted in the interpretation clause to define the word 'cause. This led to the question whether a case of reference from Quarter Sessions was a cause proper to the Lord Ordinary, or was a proceeding which went directly to the Inner House. The Lord Ordinary in Exchequer cases was of the former opinion, but the First Division of the Court were unanimously of an opposite opinion. The remarks of the Lord President were very instructive If the matter had stood without an interpretation clause, I would have had no doubts at all; but then an interpretation clause is added, generally supposed to be for the purpose of making a statute more clear, though I think that such clauses sometimes do violence to the rules of grammar and of nature, by making the singular include the plural, and the male the female, and other perversions of language of the same kind.' The interpretation clause here introduces a new confusion.' 'Counsel very fairly told us that it was casus improvisus that the Legislature had forgot this matter, or had been asleep regarding it when it was enacting.' The statutory immunity from the authority of Lindley Murray, and the ordinary rules of grammar, was recently amusingly illustrated in a case under the Voters Act. An appeal is provided from the registering Sheriff to the Senior and Junior Lord Ordinaries, and power is given to the 'Lord Ordinary to award costs.' It was |