A Treatise on the Law of Evidence in Scotland, Volume 2Bell & Bradfute, 1864 - 1268 pages |
From inside the book
Page 633
... interest of third parties , or with a view to preserving them . There are also documents which , relating to private affairs and prepared by private persons , are compiled systematically with the same kind of care as is observed in ...
... interest of third parties , or with a view to preserving them . There are also documents which , relating to private affairs and prepared by private persons , are compiled systematically with the same kind of care as is observed in ...
Page 638
... interest , with which the Crown is not connected , but which concern a number of individuals , e.g. , sequestrations , cessios , and petitions under the disentailing act . Such notices are only proof of publication ; and , being ...
... interest , with which the Crown is not connected , but which concern a number of individuals , e.g. , sequestrations , cessios , and petitions under the disentailing act . Such notices are only proof of publication ; and , being ...
Page 642
... interest was incompatible with a sale to himself , the House of Lords ( reversing the decision of the Court of Session ) held the sale to be null . This is a strong case , because the decree had been pronounced causa cognita , upon a ...
... interest was incompatible with a sale to himself , the House of Lords ( reversing the decision of the Court of Session ) held the sale to be null . This is a strong case , because the decree had been pronounced causa cognita , upon a ...
Page 652
... interests of the parties and their successors , so as to exclude any subsequent action embracing the same conclusions and media concludendi ( 1 ) .14 But a subsequent suit relating to a different interest , or on different media , is ...
... interests of the parties and their successors , so as to exclude any subsequent action embracing the same conclusions and media concludendi ( 1 ) .14 But a subsequent suit relating to a different interest , or on different media , is ...
Page 661
... interest of the lieges in certain writ- ings , chiefly those which affect real estate , publication in appropriate registers has been made essential to their full legal effect . This is the case as to letters of horning and relaxations ...
... interest of the lieges in certain writ- ings , chiefly those which affect real estate , publication in appropriate registers has been made essential to their full legal effect . This is the case as to letters of horning and relaxations ...
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Common terms and phrases
action adduced admissible admitted alleged allowed answer appear apply attend authority Bell's Notes bill called cause certificate charge circumstances civil clerk commission commissioner common competent confession considered contained copy course Court Court of Session criminal debt decision decree deed defender deponed deposition diligence documents doubt effect emitted entitled entries Ersk evidence examined excluded execution extract facts give given granted ground hand held Hume infra interest issue judge jury justice letters Lord matters nature necessary Notes noticed oath objection observed officer opinion Ordinary party person practice prisoner proceeding produced proof proper prove pursuer question raised reason received record reference refused regard rule Scotland signed Stair statements statute sufficient supra taken tenor tion trial truth unless Vict witness writ writings written
Popular passages
Page 1025 - I, AB, do solemnly, sincerely, and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful ; and I do also solemnly, sincerely, and truly affirm and declare,
Page 1027 - Act shall have the like right to refuse to answer questions tending to criminate himself, and other questions, which a witness in any cause pending in the court by which or by a Judge whereof or before the Judge by whom the order for examination was made would be entitled to ; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be compeLkble to produce at a trial of such a cause.
Page 1026 - Judge having authority under this Act, by any subsequent order, to command the attendance of any person to be named in such order for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith, as may appear reasonable and just...
Page 944 - Proof can be given the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.
Page 1022 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 1020 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Page 944 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he made such statement, proof may be given that he did in fact make it...
Page 1040 - shall include, in England, the Superior Courts of Law at Westminster, the Lord Chancellor, the Lords Justices, the Master of the Rolls, or any...
Page 635 - all proclamations, treaties, and other Acts of State of any foreign state or of any British colony, and all judgments, decrees, orders, and other judicial proceedings of any court of justice in any foreign state or in any British colony, and all affidavits, pleadings, and other legal documents filed or deposited in any such court...
Page 712 - Copies so certified and impressed shall be received in Evidence in all Courts, and in all summary Proceedings, and shall be primd facie Proof of the Proprietorship or Assignment of Copyright or Licence as therein expressed, but subject to be rebutted by other Evidence, and in the Case of Dramatic or Musical Pieces shall be primd facie Proof of the Right of Representation or Performance, subject to be rebutted as aforesaid. XII. And be it enacted, That if any Person shall wilfully make or cause to...