Dating agent prov4 7 1
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." .
Mr Erfkine is wrong when he fays, that within the three. " The Lords having advifed this petition, with anfwers, re- " plies, and duplies, and heard parties procurators thereon, in their own pre- ** fence; they, before an fwer, ordain mutual memorials to be given in on this *' point, How far the ailcdgcd pluris pctitio upon one or two of the articles " adjudged for, has the effect to open the decree of declarator of the expiry " of the legal? Although the Turns may be mentioned feparately in the adjudication, yet the eftate is bound for the whole, There are three feparate debts ; they are each accummulated by itfelf ; but the eftate is bound for the whole.
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.
had the whole been brought together into one accumulated fum. The reafon why a pluris pctitio in a debt vitiates an adjudication in which fcveral debts have been accumulated into one fum, is jull this, that a decree of adjudication is ^jus individuum. 100, this fum muft be due, elfe the adjudication rs erroneous : it the debtor can fhow, that, in place of L. 90 due ; the adjudication mufl be null, fince it has adjudged the eftate for L. In fuch an adjudication there is truly an adjudication for each fum : But the only doubt m this t:a(c is, whether this be truly an articulate adjudicatifon ; and 1 fhould wiih very much to know what the pradice is.
A glebe' cannot be defigned oui of temporal lands, where there are church lands in pari(h. In this judication, the fums arc all feparately accumulated : had this been negle and. B.— I always have underftood that there was fuch a thing as an articulate adju- dication in our law ^ and that, when the adjudication was in that form, an error m one fum did not affcf): another ; that each fum was as a feparate debt ; and that h was precifely the fame as if feparate adjudications had been led for each debt. When the adjudication, then, contains feparate debts, feparately accumu- lated, although there mjay be an error in accumulating the firft fum, that fhould have no cffcd on the fecond fum, which is feparately accumulated ; nor Oiould it have any on the third fum, which is alfo feparately accumulated.
Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. A difpofition to a Ton in liferent, for his literont-ufe allenarljr, and to his children in tee» cannot be altered by the fon upon- the fucceffion*s opening to him. The tax-gatherer has, in my of Hnion, xione no harm ; and you cannot do him juftice, unlefs you fend him out of Court with all his e^penccs. — ^Whenever, by any new invention, a greater quantity of provifions can be carried into a town than formerly, then the old mode of co Uefting the taxes on that article of provif K)ns is wrong. Tlie fiifpenfion of this form is always granted periculo petentis ; and al« though it is, of courfe, competent to date the objeftion, yet I fhould reluc* tantly put an end to the adjudication on this objedion ; for firfty We have made the regulation ; we have the power of repealing it, or of fufpending it in a cafe of urgent neceflity.