Decisions of the Lords of Council and Session: From 1766 to 1791, Volum 1;Volum 10W. Tait, 1826 |
Frases i termes més freqüents
Act of Parliament action adhering to Lord adjudication ALEMORE Alexander aliment alter argument arrestment assignation assoilyied assythment AUCHINLECK BARJARG bill bound burden charter clause COALSTON consequence contract Court Court of Session creditors cruives debt debtor decision decreet deed defender Dictionary diligence disponed disposition Diss doubt Dundas effect ELLIOCK entail executed Faculty Collection favour February feu-duty freeholders GARDENSTON granted HAILES heirs heirs-male heritable heritors House of Peers husband hypothec Ilay Campbell infeftment interlocutor judge judgment July jurisdiction JUSTICE-CLERK KAIMES KENNET lands law of Scotland liable liferent Lockhart Lord Ordinary Lord Stair Lords found M'Queen marriage marriage-contract merks MONBODDO moveables Non liquet oath objection obligation opinion parties payment person PITFOUR pleaded possession prescription PRESIDENT proof proved provision purchaser pursuer question rent rule singular successors statute Stonefield suppose tack tailyie teinds tenant thirlage tion trustees vassal Weir Whitsunday wife William witnesses
Passatges populars
Pàgina 136 - ... or at any time thereafter, within ten days, by lodging the same in the hands of the Clerk of Court, and serving the adverse party with a duplicate thereof personally, or at his dwelling-house, or his procurator or agent in the cause, and serving in like manner the Inferior Judge himself, in case the appeal shall contain any conclusion against him, by way of censure or reparation of damages for alleged wilful injustice, oppression, or other malversation...
Pàgina 567 - I may set it agoing in Scotland, procure a patent, and prohibit all the inhabitants in Scotland from making salt water fresh. Again, there is in Edinburgh one Dallaway, who understands the method of enamelling on white iron, as practised at Birmingham. This art is not known in Scotland ; it is a manufacture which would maintain thousands of hands ; there can be no doubt of the...
Pàgina 568 - Roebuck and Company had privately carried on the trade for a number of years. The great difficulty is here, that the work in lead vessels had been carried on in England before the date of the patent. I should even doubt whether a patent might be granted to the person who first introduced any foreign invention into Britain. In matters of prerogative there is no distinction between England and Scotland. This distinction was taken away by the happy Union. Lord KAIMES : This is a matter of considerable...
Pàgina 567 - Scotland for fourteen years; the same would be the case as to the still later establishment of looms for silk, gauze, and ribands, so necessary in the present ruined state of our linen manufactures. At this day the working of velvet, or of any other manufactures used in England, but not in Scotland, may be circumscribed by patent for fourteen years, that is, all new manufactures may be limited in Scotland to one man for the space of fourteen years.
Pàgina 569 - England, is sufficient to void the patent. I admit that its being practised in foreign parts would not be a good objection. It is proved to have been practised at Bridgenorth and Bewdly ; this, I think, is a good objection in the words of the Articles of Union. Upon this clause of the Articles of Union, the statute of James I., is admitted to be the law of Britain. At the time of the Union, there was scarcely one manufacture properly practised in Scotland. Most of the manufactures now known, were...
Pàgina 136 - ... Court of Justiciary which shall be held at Edinburgh, in the case where there are no Circuit Courts, at least fifteen days after such service ; and thereupon the judge or judges at such Circuit Court or in the Court of Justiciary at Edinburgh, shall and may proceed to cognosce, hear, and determine : and in case they shall find the reasons of any such appeal not relevant, or not instructed, or shall determine against the party appealing, the judge or judges shall condemn the appellant in such...
Pàgina 567 - Scotland for fourteen years. Many more examples might be given ; but these may suffice to call your Lordships' attention to this question, Whether that proposition can be true in law, whereof the consequences are obviously ruinous to the whole system of improvements in Scotland.
Pàgina 568 - ... moment, because it concerns the good of the public and manufactures. The suspenders take the benefit both of the Act of James the First, and of the general prerogative of all princes, touching patents to new inventions. The radical point is, whether Messrs Roebuck and Company have invented any thing material ? — They certainly have. The use of lead vessels instead of glass, is a matter of great moment. It has been said, that, if the use of lead vessels was known in England before the date of...
Pàgina 568 - England and Scotland. This distinction was taken away by the happy Union. " Lord Kaimes. — This is a matter of considerable moment, because it concerns the good of the public and manufactures. The suspenders take the benefit both of the act of James the First, and of the general prerogative of all Princes touching patents to new inventions. The radical point is, whether Messrs. Roebuck and Company have invented any thing material ? They certainly have. The use of lead vessels instead of glass is...
Pàgina 136 - ... sufficient cautioner for answering and abiding by the judgment of the Circuit Court, and for paying the costs, if any shall be by that Court awarded ; and the clerk of court shall be answerable for the sufficiency of such acutiouer.