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Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. That is the objeft ; and the ground upon which he hopes to prevail is, thatthe table of dues makes no mendon of carts, and confequently, that he may carry in his cart as much fruit to market as he chufes, free of duty. ** But before anfwer as to the other point, refpcfting *^ the difpcnfing with the minute-book, their Lordfliips appointed parties pro- ^^ curators to give in memorials." .We encourage the use of public domain materials for these purposes and may be able to help. The fame found, when the conveyance was by a father to his fon, in liferent, for liferent ufe only, and to children in fee. In profccution of his objed, Mr Skene brings a cri- minal complaint againft the tax-gatherer, for having him puniflied. Thefe memorials came this day to be con* fidered« Opinions. — ^The obje&ion now to be confidered is, Whether this adjudication is null, from the decree not having been read in the minute book, in confequence of a difpenfation from the Court ?Maintain attribution Tht Goog Xt "watermark" you see on each file is essential for in forming people about this project and helping them find additional materials through Google Book Search. Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Let us con- iider then, how far, in this point of view, the adion is well founded. The ad of federunt includes many particulars be- fides the minute-book ; and in regulations for conduding the bufinefs of this Court, afts of federunt have a force equal to that of an aft of parliament.Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. This man has done no more than the former tax gatherer did ; he has charged a propor- tional duty only : and I muft obferve, that, in doing this, he has neither done injuftice to the purfuer, nor was he the perfon who began the. The minute-book is now printed ; and the ufe of doing fo is to certiorate parties.
Public domain books belong to the public and we are merely their custodians. But the anfwer which has been made is, that • '* and that over and above the compofition to the fuperior, and ezpences of infeftment ; ** and probation (hould be led, &c.: Or otherwife, all iud Angular the lands and others after ** fpecifiedy pertaining heritably. ought and Ihould be adjudged from the faid — and *' all others having or pretending right thereto, and decerned and ordained to pertain and •• belong to «— heritably, ind in payment and fatisfa Aion to them, of the forefaid Aims of " money, principal and annualrents, and liquidate ezpences, refpe^ively before written, urt, N^ 21. 0« gilvy againft Lefly— 16th February 171 1, Dickfon againft Logan, Forbcs.-^jth July 1743, Hamilton againft Baird, Kilkerran, p. The Lord Dunfinnan Ordinary, before whom thefe objedions came, repell- ed them ; and the quedion being brought before the Court by petition and anfwers, they, upon the fecond obje&ion, adhered to the judgement of the Lord Ordinary on this ground.Google This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. as will be worth, and fatisfy them, of the '^' films of money, principal and intereft, before fpecified ; with a fifth part more, in refpe A ** they win thereby want the ufe of iheir money, and be dbliged to Cake land for the fame ; " and 1 1 2 25th November 1 794, N''4 u which proceeds upon it accumulates each fum.It has survived long enough for the copyright to expire and the book to enter the public domain. I (hould, therefore, wi Qi to know, what the prafticc truly is in tfiefc articulate adjudications, betore de- livering any further opinion upon this point. Certainly, had that receipt flood by itfclf, it would not have been fufficient : but join to it the xrommiffion, and it becomes a conflitution of the debt in writing. As to deftroying th6 difcharge, no man is at liberty to do that, when the dtbt is conflituted by writing, with- out getting up the writing by \frhich it is conflituted. The judgement which was then pronounced inthis caufe, was in thefe terms: 7th March 1794. E,— I undcrftand this diftinclion between articulate and inarticulate adjudications ; and there is no law-book that fays. 1 muft therefore fee it proved, at lead that there is a difference betwixt the common and the articulate adjudication; for in general 1 apprehend the difference to a rife from chance. Whether this eftate can be carried off in virtue of the decree of declarator of the expiry of the legal ? It has been very ingcnioufly ftated by one ef your Lordfliips, (M.) that, had the defender paid the debt foon after its contradion, he could have had no thoughts of getting up the carrier's receipt. The Judges, in delivering their opinions, feemed to think, that now, when adjudications have fo entirely altered their nature, that, in place offales, in which the price is precifely commcnfurated to the fubjcd, they have become feciirlties, which, whatever the amount of the debt may be, extend over eftatcs of the greateft value, the expiry of the legal, as it was originally undcrftood, becomes highly penal; that, therefore, the fame rule fliouldbe applied to it, which, to the honour of the Court, has been applied to other penal irritan- cies ; and that the right of reverfion ought ndt to be cut off by the mere ex* ph-y of the legal ; but that, at what^er -time ar declarator may be brought, it is -Kdrnpetcnt for the reverfer to purge the incumbrance. x^ ^ the cf Fefl of a (Iccree of declarator in abfence, it was thought, that^as the re- vcrfcr is then called upon to reclaim his fubjcft, his negleding to do fo fhould for ever preclude him from calling in queftion the right of the adju(Jging creditor, upon the fooling of any difproportion betwixt the value of the property carried off and the amount of the debt;, though againft other objedtions, founded upon nullities in the original diligence, or aftual cxtinftion of the debt during the courfe of the legal, the decree in abfence could afford no pro- tcdlon.
1 10 Sterling ; then a payment, to account of the principal, of L. The libel then ftates the balance of the principal to be L 8000 Sterling, and that the whole intereftis due on the L.