BONDS,-continued.
set of magistrates, against their success-
ors without renovation, ib.; liability of
the officers as individuals, ib., 89; bond
by the magistrates of a royal burgh,
90; by officers of a corporation, ib.;
where the individualss are taken separ-
ately boun, ib.; bonds to corporations,
ib.; bonds by public trading companies,
ib.; by private partnerships, 91; mode
of executing such bonds, ib.
BOOKING, debtor taking sanctuary, I,
334; prisoner for debt in jail books, 343;
on arresting debtor in jail, ib.
BREVE TESTATUM, II, 121 et seq.
BREVI MANU poinding, account of, I,
389 et seq. See POINDING.
ancient mode of removing
BRIEVES of distress for debt, history, na-
ture of, and mode of execution, I, 392,
401, 408, 413; change of, for precepts
and signet letters, 421. See POINDING.
HORNING.
BULL of excommunication, II, 102. See
EXCOMMUNICATION.
BURDENS, engrossing in sasine, II, 353.
public, whether landlord or
tenant liable for, II, 495, 496; stipula-
tions as to, in tacks, ib.
BURGESSES, description of, II, 550.
BURGAGE SUBJECTS, tacks of, II, 504;
whether assignable, 505; authority for
repairs in, ib.; jedges, ib. ; removing of
tenants in, 550. See REMOVING.
BURGH ROYAL; bonds by the magi-
strates of, I, 90; by the officers of a
corporation, ib.; bonds in favour of a
corporation, ib.; progress of the system
of distresses for debt in the burghs, 390
et seq. See POINDING. CORPORATIONS.
CANON LAW, taking interest prohibited
by the, 1, 9; observed in England, ib. ;
effects of the prohibition, 18, 19. See
USARY.
CAPTION, Letters of, history of, I, 312;
condition of prisoners under the letters
of four forms, ib.; where debtor sur-
rendered, ib.; where he was denounced,
313; ancient form of caption, 314; pro-
cedure in obtaining the letters, 315; dif-
ficulties in enforcing the execution of, and
compulsitor on sheriffs to obey the letters,
315 et seq.; analysis of the principle and
styles of the letters, 317 et seq.; jails,.
318; ancient condition of liberation, 319;
comparison of the style with the precept
of the ancient writ, 320; analogy be-
twixt the original process of outlawry
in England and Scotland, 322 et seq.;
mode of executing the caption, 323; an-
cient form of, 324; horning against ma-
gistrates refusing to assist, ib.; analogy
betwixt those writs and the old letters of
four forms, 325, duty of sheriffs, 326;
hardship of the duty of magistrates as to
the seizing of debtors, ib.; actions of da-
mages against, 328; time for executing
the caption, ib; Sunday, ib.; holidays,
829; impediments to the execution,
ib.; protections, ib.; from the king, ib. ;
abuses of, 330; abolition of, 331; pro-
tections to bankrupts, ib.; protection
from place, ib.; sanctuary, ib. et seq;
apprehension and incarceration of the
debtor, 337; solemnities to be used by
messenger, 338; deforcement, ib.; ef-
fect of suspension after apprehension,
$39, touching the person of debtor, ib.;
jail to be carried to, 342; booking in
jail books, 343; effect of it, ib.; repeti-
tion of, where debtor arrested in jail, ib. ;
form of arresting debtor in jail, 344;
where caption against several debtors,
ib. See LIBERATION.
power of messenger with, in for-
cing doors, &c. I, 446.
CASUALTIES of Superiority, II, 255;
entry money, 302; on annualrent-rights,
377, 378.
CATTLE found trespassing, poinding of,
I, 389; employed in time of labour, can
not be poinded, 438.
CAUTION by tenant in a removing, I,
547; form of the cautioner's obligation,
ib., Note; in an advocation or suspen-
sion of a removing, 519.
demand for, where tenant one
year in arrear, II, 499.
loosing arrestment on, I, 458.
CAUTIONERS in personal bonds, I, 77:
benefit of discussion to, by Roman law,
ib.; practice of renouncing it, 78; their
obligation by the Scottish bond, ib. 79;
their relief, 80; statutory limitation of
their obligation, 81; cautioners to whom
the statute applies, ib.
--bond of relief to, I, 161;
distress entitling to relief, 80, 162; ex.
tent of relief, 166, 167; relief against
cach other, 172; how the septennial li
mitation is made to commence, ib.; na-
ture of the limitation, whether may be
dispensed with by cautioner, 174; dili
gence requisite to preserve the recourse,
ib.; intimation of bond of relief, 172;
mode of intimation, 174.
assignation and discharge
to a cautioner paying a debt, I, 221; re-
lief against the others, 224; where some of
them bankrupt, 225; use of an assigna
tion to the payer, ib.; danger of allowing
one to obtain assignation to the whole,
226; some insolvent before the distress,
ib.; extent of payer's remedy against
debtor, 228; danger of paying without
distress, 229; whether payer on distress
affected by septennial limitation, ib.;
where he pays without distress, ib. ; whe-
ther must communicate eases, ib. 230;
intimation of his assignation, 231; effect
of creditor relaxing a cautioner, ib.
-- in bond of presentation, duty
of, I, 354; responsibility of, 355; whe-
ther relief against principal cautioner,
ib.; whether entitled to the septennial
limitation, ib.; where bound that debtor
shall pay as well as appear, ib.
in a suspension, I, 383.
CELTE, nations under the denomination
of, II, 29.
CAUSE of granting a disposition, II, 232. CESSAVIT, writ of, against tenants in
England, II, 559.
CAUTION, in bills of suspension, I, 365;|
bond of, 376; attestation, 377; jura-
tory, 369; where juratory caution inad-
missible, 382; oath of the debtor, and
disposition omnium bonorum, 383.
CHALKING the door in urban tenements,
form of warning by, II, 651, 552, 558
CHARGE, days of, on registered obliga
CHARTER,-continued.
the estate, 165; houses, towers, &c. ib.;
roads, 167; meadows, 168; pasturage.
ib. mills, multures, &c. 169; origin of
thirlage, ib. et seq.; nature of it, 170;
effect of the conveyance of mills, mul-
tures, &c. 171; whether carried with
the lands, ib.; fishings, 172; peat and
turf grounds, 173; coal, ib.; warrens,
ib. ; dovecots, ib. 174; gardens and orch-
ards, ib.; woods, 175; courts, ib.; he-
rezeld, ib.; common pasture, ib.; per-
tinents, ib. See SASINE. RESIGNATION.
CONFIRMATION.
of confirmation, II, 294.
of resignation, II, 285, Note.
of resignation and confirma-
CITATION on diligence, I, 237, 292, 293 ;
edictal, 293. See CHARGE, DILIGENCE.
CLARE CONSTAT, precept of, whether a
good title to pursue a removing, II, 533.
CHARTER, original, history of, II, 117;
effects of the establishment of the feudal
system, 118; exorbitant power of the
nobles-their discords-condition of the
people, ib. ; judicial powers of the feudal
lords, 119; pares curiæ, ib.; form of feu-
dal investiture, 120; proper investiture, CHATTELS, meaning of the term, I, 40.
ib.; breve testatum, 121; improper in-
vestiture, ib.; distinction between proper CHOSE in action, signification of this
and improper investiture, 122; form of
investiture in England, 123; conveyance
by vassal, 124; similitude between the
old English and Scottish charter, 125;
analysis of its clauses, ib. et seq.; tenures,
129; old form of delivery of land in
England, 130; where granter was absent
or had not possession, ib,; form in Scot-
land, 131; precepts of sasine, ib.; real
possession, 133; certificate of sasine pro-
priis manibus, 134; attestation by nota-
ries, 135; sasine to a procurator, 136;
origin of the practice, ib.; custom in Eng-
land, ib. ; observations upon the old form
of the precept, 137; place of taking sa-
sine, ib.; symbols, 138; sasine ox, ib. ;
doquet, ib.; separate precepts, 139; dis-
pensation with their production after 40
years, ib.; annexation to the charters,
ib.; division of the parts of the present
English charter, ib. ; analysis of it, 140;
the premises, ib.; habendum, 141; red-
dendo, warrandice, 143.
CLAUSE of registration, history of, I, 92.
testing, history of, I, 121. See
TESTING CLAUSE.
CLAUSES, construction of, with reference
to each other, II, 141 et. seq.
CHARTER, DISPOSITION.
division of deeds into, II, 154.
CLERGY, effects of the art of writing be-
ing confined to them, I, 153; their mo-
nopoly of the office of notaries, ib.; whe-
ther may now act as notaries, 159, 160;
mode of securing their acquisitions, 459,
461. See ECCLESIASTICAL COURTS.
benefit of, account of the privi-
lege of, I, 153, 154.
Scottish, by Spottiswoode, a-
nalysis of, II, 145; clauses of it, 155;
narrative and dispositive, ib.; designa-
tion of the granter, 156; cause of grant-
ing, 157; dispositive words, effect of, ib. ;
tenendum, 159; reddendo, 160; warran- COAL, whether carried with the land, II,
dice, ib.; precept of sasine, 161; sub-
scription and testing clause, 163; clause
of registration, statute as to, ib.; limita-
tion of the act to charters by subject su-
periors, ib.; where to be registered, 164.
of the amplifications or addi-
tions of style in, II, 164; description of
COINS, ancient, II, 235.
COLLEGE OF JUSTICE, origin of its
jurisdiction as a court of equity, I, 361,
362; collision of its jurisdiction with
COLLEGE OF JUSTICE,-continued.
Scottish privy council, $63; institution
of, 423; its supreme jurisdiction, ib;
consideration of its powers in enacting
the act of sederunt 1756, II, 542.
COMBAT, single, the ancient mode of de-
termining disputes about land, II, 136;
champions, ib.
COMMISSARY COURTS, establishment
of, at the reformation, I, 104, 269; no-
mination of commissaries by the bishops
at the establishment of episcopacy, 277;
inhibition against interference with their
jurisdiction, 461.
COMMISSION of rebellion in England,
form of, I, 322.
COMMON law, of England, foundation of
it, II, 17; neglect of the study of, in
Scotland, 4, 5, et seq.
pasturage, conveyance of, in a
charter, II, 176.
COMMUNITIES or Corporations, bonds
by, I, 83. See CORPORATIONS.
COMPANY, public trading, bonds by, I,
90; by private partnership, 91; mode
of executing such bonds, ib.
intimation of an assignation
to, I, 205.
COMPETITION. See PREFERENCE.
CONDITIONS in charters, power
of su-
periors to insert, II, 304, 305; oppres-
sive in wadsets, 362, 363.
CONFESSING judgment in England, a-
nalogy between the warrant for, and the
Scottish mode of registration, 1, 95, 96;
procedure on the warrant, 105.
CONFIRMATION by superior, history
of, II, 249; among the Gauls, ib.; in
Britain, 250; under the feudal system,
251; dangers of a number of superiors
in subinfeudations, 252; effect of for-
feitures, 253; king's vassals holding in
capite, ib. 254; infeftments by them,
ib.; noble, base, public, and private
infeftments, ib.; nature of the subinfeu-
dations, 255; statutory restraints upon
them, ib.; origin of the peculiarity in
wardholding, ib.; recognition, ib.;
CONJUNCTLY,-continued.
tion of the phrase in obligations, I, 77;
in the address of diligence, 287.
CORPORATIONS or Societies, bonds by,
I, 83; Erskine's definition of a corpora
tion, ib.; nature, constitution, and pow.
ers of, ib.; mode of engaging for a loan,
87, 88; effect of bonds by, ib.; execu
tion and effect of diligence against, ib.;
responsibility of the officers as individu
als, ib. 89; bond by magistrates of a roy
al burgh, 90; by the officers of a cor
poration of a burgh, ib.; where the in-
dividuals are taken separately bound,
ib.; bonds to corporations, ib.; by pub-
lic trading companies, ib.
intimation of an assig
statute dispensing with superior's con-
sent, 256; infeftments a me de superiore
meo, 257; neglect of the act, ib. ; re-
vival of the forfeiture of recognition, CONSIDERATION for granting a dispo-
258; nullity of infeftments without su- sition, II, 232.
perior's consent, ib.; nature of the in-
feftment a me de superiore meo, 259; CONSIGNATION in a suspension, I,
English definition of a confirmation, ib. ; 383; loosing arrestment on, 458.
distinction between the infeftment a me
and premonition, pro-
and a resignation, ib.; effect of the in-
curatory of, by a reverser in a wadset, II,
feftment a me, ib.; of a resignation be- 363.
fore sasine, ib. ; inconvenience to vassal
of redemption money
from superior's incapacity or neglect, in a wadset, II, 365; where consigna-
260; dispositions, with precepts de me, tory named in deed, ib.; on whom loss
261; nature of this infeftment, ib.; in- by his bankruptcy falls, ib.; where no
convenience of it, ib. ; liability of vassal consignatory named, ib. ; receipt for the COUNTIES, derivation of, II, 34.
to recognition, ib.; preference of land money, 366; effects of consignation, ib. ;
rights prior to the establishment of re- whether consignatory liable for interest, CRAIG, Sir Thomas, II, 7.
gisters, 262; of public to base rights, 367.
ib, 263; introduction of civil possession
in base infeftments, 264; old mode of
transmission of land, ib.; obligations of
seller, ib.; charters de se and a se, ib. :
obligations on purchaser, 265; mode of
entering, ib., 266; comparative advant-CONTIGUOUS Lands, sasine in, II, 199.
ages of the two modes of entry, 267;
CONSOLIDATION of property and su-
periority, II, 222, 223, 292; reinstating
reverser of a wadset by, 368.
difficulties of obtaining entry, 268; act CONTRACT of location, II, 456.
1469 as to entry of apprisers, 269; de-
vice by purchasers to obtain the ad- CONVEYANCE of land anterior to the
vantage of it, ib.; apprizing the lands as fiefs, II, 64. See LAND, FEUDAL LAW,
creditors, ib.; gradual admission of CHARTER, RESIGNATION, DISPOSITION.
pur-
chasers by the superior, 270; adoption
of the present disposition, ib. ; distinc
tion between a charter and a disposition,
271; errors of authors as to this, ib. ;
advantage of dispositions, ib.; indefinite
precepts, 272; confirmation of, ib.; use
of double holdings, 273; where only one
holding of disponer, how to get entry
from superior, ib.; act 1693 authorizing
infeftment on procuratories or precepts
after granter's death, 274; preference of
sasines by registration, ib.; of sasines a
me not confirmed, 275; establishment
of civil possession, ib.
CREDITOR. See HERITABLE CREDITORS,
CROSS, ancient mode of subscription of
deeds by sign of the, I, 122.
market, and pier and shore, inti
mation at, I, 202; execution of diligence
at, 293. See EDICTAL INTIMATION.
CURSING, Letters of, the ancient mode of
enforcing the sentences of ecclesiastical
courts, I, 100; caption upon, 101; na-
ture of the letters, 102; abolition of
269; appellation from, 462.
CONVEYANCING, objects and use of the
study of. See PREFACE. Effects of the
language and ideas of the Roman juris-
prudence on the style and manner of
deeds in the 13th century, I, 11; neces-[DALLAS of St. Martin's, observations on
sity of preserving and adhering to the his Styles, II, 2.
forms of style, 70, 71; rules by which
conveyancers should be guided, ib. ;
causes of the changes on the practice of
Scotland, 1, et seq.; cause of the dif-
ference in the manner of treating the
science by Scottish and English lawyers,
4 et seq.; mode of studying it, ib.
purchaser by, II, 294; form of charter CO-OBLIGANTS, bond by, I, 76, 77.
of, ib. Note; parts of it, 295; confirma.
tion before sasine, 296; the progress of
titles after confirmation, 297.
and resignation, chart-
er of, II, 297, 298.
CONFORM, Letters, I, 238; decreets,
270.
CONJUNCTLY and Severally, significa-
COPY of charge, requisites of, I, 301 et
seq. See CHARGE.
DATE of Deeds, how far a solemnity, I,
132; effect of omissions of, 133, 140.
of letters of horning, I, 237, 240;
of a suspension, 382.
DAYS of charge on registered obligations,
I, 114; where an omission of, in clause
of registration, 116; on hornings, 237;
on diligence, 292, 293; of warning to
remove, II, 515, 516, 530; of charge
on decree of removing, 537. See Ri-
COPYHOLD, tenure of, in England, II, DEBITA FUNDI, origin and nature of,
479.
CORN, growing, poinding of, I, 441;
whether affected by inhibition, 481.
II, 392, 405; arising from securities,
414, 436. See POINDING the GROUND
DEBTORS, barbarity of the ancient law
DEBTORS,-continued.
against, I, 242; Roman law, ib.; Saxon
law, 243; English law, 244, 245; Scot-
tish law, 247 et seq.; condition of, un-
der old law when apprehended, 312; ap-
prehension of, 328; solemnities requi-
site, 338, 339; sanctuary to, 333; incar-
ceration of, 342; personal execution a-
gainst sick debtors, 357. See PRISON-
ER. CAPTION. LIBERATION.
DECLARATOR of redemption of a wad-
set, II, 366; of irritancy of a tack, 497;
of feu-right, 498.
DENUNCIATION,-continued.
lation of principal and interest by, 310.
See DILIGENCE.
DEPENDING Action, arrestment on, I,
449; inhibition on, 490; where action
afterwards submitted, 485; where the
libel general, 491.
DILIGENCE,-continued.
ry into the origin and source of the pe-
nalty of rebellion being attached to fail-
ure in payment of debts, 242 et seq.;
barbarity of the ancient laws against
debtors, 242; Roman law, ib.; Saxon
laws, ib.; English law after the Con-
quest, 244; analogy of the ancient law
of Scotland with the English law, 247;
DESCRIPTION of lands in an original jurisdiction of the clergy in Scotland, and
charter, II, 166.
DESERTION of possession, removing a-
gainst tenant for, II, 545.
DECREE of poinding the ground, II, DESIGNATION of writer and witnesses
of mails and duties, distinction
between and poinding the ground, II,
439.
DEEDS, ancient mode of executing, in the
Saxon Courts, I, 94; old form of execu-
tion and authentication of, by notaries,
to deeds a statutory solemnity, I, 130;
error of, in testing clause, 141; ambigu-
ous designations, ib. ; and name of grant-
er of an original charter, II, 156; of
notary in doquet, 192; of granter of a
disposition, 232; disposition by supe-
rior, 277.
107; sealing of, 109; superseded by re- DESTINATION in tacks, strict construc-
gistration, ib.; subscribing by sign of tion of, II, 482.
the cross, 122; authentication of, by
seals, 123; proof where seal questioned, DIET in a removing, II, 535, 541.
124; insertion of witnesses, 125; sub-
ditors with, I, 102; mode of obtaining
after death by registration of obligation,
118, 119.
scription of by 1540, 126, 127; sub- DILIGENCE, old mode of ranking cre-
scription by surnames, 127; writers
names and designations, 129; subscrip-
tion and designation of witnesses, 130;
date of, how far a requisite, 132; mode
of writing deeds, 133, 134; stamps for,
134, 135; decisions of the courts as af-
fecting the authentication of, 185; mode
of execution and authentication of, 136
et seq. See Testing Clause.
observations on the narrative and
preface to, I, 163; use of recitals in a
progress, ib.; prefaces to, anterior to the
fiefs, II, 95.
-language of, II, 151. See LAND.
FEUDAL LAW.
DEFORCEMENT of messengers, signal
of, I, 338.
DELECTUS PERSONÆ in rentals, II,
481; in tacks, 482. See TACK.
DENUNCIATION of horning, I, 241;
consequence of rebellion attached to the,
ib. et seq.; abrogation of this conse-
quence, 279; form of the solemnity,
305; requisites of, 306, 307; accumu-
VOL. II.
necessary to secure against
the septennial limitation of cautionary ob-
ligations, I, 174.
by an assignee, I, 184 et
seq.; intimation of an assignation by
using, 203; danger of using it in ce-
dent's name, 204; conveyance of, in a
translation, 209; execution of, by a
grantee where already raised, 210; rais-
ing it in his own name, ib.
Personal, history of, I, 234;
Stair's definition of the word, ib.; origin
of it, 235; distinction between executo-
rials and diligences, ib,; meaning of the
term expeding letters, 236; diligence ad
facta præstanda, ib.; where the decree
is for a precise and liquid sum, ib. ; horn
ing and poinding, ib., 237; warrants for
horning, 237; signeting the letters, ib.;
days of charge, ib.; bills for horning on
decrees of inferior judges, ib, et seq.;
date and signeting of the letters, execu-
tion, denunciation, registration, caption,
241; effect of denunciation, ib.; inqui)
4 Ꭰ
mode of enforcing their sentences by let-
ters of cursing, 248 et seq.; origin of the
acts of warding, ib.; warrants of, and
mode of executing them, 255; abuse of,
ib.; progress of writs for personal execu-
tion during the reign of the five Jameses,
257 et seq.; letters of four forms, 266 et
seq.; progress and changes of the law
since the Reformation, 269; abolition of
letters of cursing, ib.; appointment of
commissary courts, ib.; institution of
horning on sentences in facto, and of
poinding for payment of debt, 270; de-
creets conform, ib,; restoration of per-
sonal diligence, 272; rebellion against
the king the foundation of it, 273; dis-
tinction between real and civil rebellion,
ib.; institution of the register of horn-
ings for ascertaining the escheats by de-
nunciation, 274; mode of levying es-
cheats, ib.; letters of fire and sword, ib. ;
act 1584, authorizing horning and poind-
ing for liquid sums, 275; changes upon
the letters of four forms, 277; nomi-
nation of commissaries at the establish-
ment of episcopacy, ib.; horning on
their decrees, ib; abolition of the letters
of four forms, and adoption of letters of
horning on single charge, 278; abroga-
tion of the consequences of civil rebel-
lion, 279.
style of. See HORNING.
CAPTION. INHIBITION. POINDING. AR-
prestable, by an heritable.
creditor in possession, II, 383.
DISCHARGE of a bond, I, 212; extinc-
tion of obligations, ib.; cancelling deeds
on payment, ib.; ancient forms of dis-
charges, 213; partial discharges, ib.;
cases where a formal discharge necessary,
214; meaning of the term, ib.; form of
discharge by Dallas, 215; remarks on
its clauses, ib.; meaning of the phrase,
quit claim, 216; danger of general
clauses and discharges, 217; warrandice,
DISCHARGE,-continued.
218; effect of implied warrandice, ib.;
division of the parts of the deed, 219;
inaccuracy of Spottiswoode's form, ib.;
recording the deed where diligence has
been done, ib.; discharge by an assig-
nee, 220; delivery of diligence, &c., ib. ;
by whom the deed is drawn and paid
for, ib.
and assignation to a cau-
tioner paying a debt, I, 221; objections
by creditors to grant assignations, 222;
whether they are bound to assign, ib.
where creditor has done diligence, 223;
whether bound to assign securities, ib. ;
necessity of assigning where several cau-
tioners, ib., 224; use of an assignation
to the payer, 225; danger to the others
by allowing one to obtain assignation to
the whole, 226; bankruptcy of some of
them before distress, 227; Dallas's form
of the discharge and assignation, 228;
narrative of distress, use of, ib.; specifi-
cation of the sum paid, 229; use of the
discharge, 230; intimation of the assign-
ment, 231; of the assignation, ib. ; war-
randice, 232 et seq.
See CAUTIONERS.
of inhibition, I, 499.
of a wadset, II, 357.
and renunciation of an he-
ritable bond, II, 389 et seq.
DISCUSSION of heirs, I, 74; heirs enti-
tled to the benefit of, ib.; order of their
liability, 75; renunciation of the benefit,
ib.; definition of discussion, ib.
of cautioners, I, 77; their
privilege by Roman law, ib. ; practice of
renouncing the benefit, 78; form of the
Scottish bond implies a renunciation of,
79.
DISPOSITION by vassal to superior, II,
229; form of, 230, Note: analysis of it,
ib, et seq.; description of grantee, 232;
inductive cause, ib.; dispositive words,
233; procuratory for, resigning ad rema-
nentiam, 234; clause of warrandice, ib. ;
assignation to rents, &c., 235; use of
this clause, 237; effect of the warran-
dice in it, ib.; term of entry, ib.; assig-
nation to the writs and titles, 238;
where they include other subjects, 239;
executing the procuratory, ib.; where
lands conditionally resigned, ib. ; record-
ing the instrument, and effect of it, 240,
See RESIGNATION.
origin and progress of the,
DISPOSITIVE clause of an original chart-
er, II, 157; of a disposition to supe-
rior, 233; words of disposition, ib.; of a
charter by progress, 287; of a wadset,
344; of an heritable bond, 380.
DISTRESS for debt, explanation of the
doctrine of, I, 339 et seq.; brieves of,
II, 261; old mode of transmission, 264
obligations on seller, ib. ; separate chart-
ers de se and a se, ib. ; obligations on
purchaser, 265; entering with superior,
ib., 266; difficulties in obtaining entry,
268; entering as apprizers, 260; gradu-
al admission of purchasers by superiors,
270; adoption of the present disposition,
ib.; distinction between it and a charter,
271; advantages of it, ib.; indefinite pre-
cepts, 272; confirmation of, ib. See DOQUET, Notary's, to a sasine, II, 187
CONFIRMATION.
et seq.
by superior to vassal, II,
276;
form of it, ib., Note; analysis of
it, 277; obligement to infeft, warran-
dice, discharge of mails and duties, 278;
meaning of the words, claim of right,
property, or possession, petitory or pos-
sessory,' ib.; completion of the right.
279; resignation in favorem, ib.; chart-
er, 285; confirmation, 294.
common, II, 298; obliga-
tion to infeft, and manner of holding, ib. ;
expence of infefting, 299; exception of
tacks in the warrandice, ib. ; precept of
and assignation, II, 305;
392 et seq. See POINDING. POINDING
ét
THE GROUND.
DOMICILE, constitution of, I, 492 ; or-
dinary and occasional, 493, 494.
DOMINIUM DIRECTUM, and DOMI
NIUM UTILE, II, 147 et seq.; resig.
nation ad remanentiam, 222, 223; dis
position to superior, 230; by superior,
276; resignation in favorem, 279;
charter and sasine, 285; consolidation,
292.
DONATORY, origin of the word, I, 208
gifts of forfeited estates to, ib.
effect formerly given to charters without DOOR, chalking the, warning tenants by,
sasine, ib.; strict construction of the o- in burgh subjects, II, 551, 553.
bligation to infeft in dispositions, 306;
power to assign before infeftment, 307; DOUBLE Bonds, nature and uses of, I,
after it, ib.; act 1693 extending the
right of infeftment to singular successors
by assignation, 308; danger of personal DOVECOTES, conveyance of in a chart-
rights, ib.; conveyance before infeft- er, II, 173, 174.
ment, 310; methods of forming the con-
veyance, ib.;. insertion of anomalous DWELLING-HOUSE, debtor's, a sancte-
clauses, 311; of procuratories and pre-
ary,in England, I, 335; cause of the loss
cepts, reason of it, ib. ; expression of the
of this privilege in Scotland, 336, 445.
warrandice, 312; effect of disposition in-
dependent of infeftment, 313; competi-
tion of personal rights, 314, 315; gene-
ral rules as to, 315; effect of disponer
completing his titles posterior to the o-EPCLESIASTICAL COURTS, their an-
ther sasines, .316; preference by acere-
tion, 317; effect of inhibition against an
intermediate assignee, ib. ; practical rules
in transacting conveyances of personal
rights, 319; infeftments by assignees,
ib.
of a reversion, II, 354.
and assignation of a wad-
set, II, 356; of an heritable bond, 387.
by a wadsetter to a re-
verser, II, 370.
distinction between it and
an assignation, I, 188, 189.
cient jurisdiction, I, 98; their attempts to
monopolize the national business, ib.;
mode of enforcing their sentences, 99;
letters of cursing, 100; caption on these
letters, 101; form of the letters, 102;
abuse of the process of excommunica-
tion, 103; effects of the reformation on
this process, 104; suppression of church
judicatories, ib., 269; erection of commis-
sariat jurisdictions, ib. ; origin of their
jurisdiction in civil causes, and oppressive
effects of their sentences, 240 et seq;
such effects abrogated by 10. Anne, c.
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