Reports of Scotch Appeals and Writs of Error, Together with Peerage, Divorce, and Practice Cases, in the House of Lords. [1847-1865], Volumes 2-3T. & T. Clark, 1857 - Appellate procedure |
Other editions - View all
Common terms and phrases
Act of Parliament affirmed agreement alleged appeal apply arbitrator authority BAILLIE CALEDONIAN AND DUMBARTONSHIRE CALEDONIAN RAILWAY charge claim clauses Committee COMPANY OF GLASGOW construction contract Court of Session damage decided decision deed of entail Defenders directed doubt DREW AND MATHEW Eastern Counties Railway effect effectual entail entitled executed fact favour Fitzroy Kelly fraud GRAHAM Greenock ground heir of entail HELENSBURGH interlocutor issues judgment JUNCTION RAIL jury Kelso lands law of Scotland learned friend learned Judges Leonards Lord BROUGHAM Lord Chancellor's opinion Lord Cottenham Lord Cranworth Lord Lynedoch Lord Ordinary Lord St Lordships MAGISTRATES MATHEW DICK matter Morgan NATIONAL EXCHANGE COMPANY noble and learned objection OGILVY pany parties persons PETER DREW proceedings projectors provisions purchase Pursuers question Railway Company referred respect Respondents settled shares SHAW's WATER COMPANY Solicitor Statute STIRLING supply suppose tailzie tion trial trustees verdict whole words
Popular passages
Page 194 - ... provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton per mile or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances...
Page 337 - Now, the whole argument turned on the construction to be put on the 16th section, which provides that, " subject to the provisions and restrictions in this and the special act and any act incorporated therewith, it shall be lawful for the company for the purpose of constructing the railway or the accommodation works connected therewith hereinaftermentioned, to execute any of the following works...
Page 334 - ... the rent at which one year with another such lands and heritages might in their actual state be reasonably expected to let from year to year...
Page 194 - ... no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular company or person travelling upon or using the railway.
Page 27 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Page 684 - Aujourd'hui, lorsqu'après la cassation d'un premier arrêt ou jugement rendu en dernier ressort , le deuxième arrêt ou jugement rendu dans la même affaire, entre les mêmes parties, procédant en la même qualité, est attaqué par les mêmes moyens que le premier, la Cour de cassation prononce toutes les chambres réunies.
Page 208 - ... with such provisions and conditions as they shall think fit; and to affect the said tailzies with irritant and resolutive clauses, whereby it shall not be lawful to the heirs of tailzie to sell, annailzie, or dispone the said lands, or any part thereof, or contract debt, or do any other deed whereby the same may be apprised, adjudged, or evicted from the others substitute in the tailzie, or the succession frustrate or interrupted ; declaring all such deeds to be in themselves null and void...
Page 669 - Chancellor, to receive a salary of 5,000/. per annum, from which any retiring pension is to be deducted. 9. Every official Peer to have the full privileges of a Peer of Parliament during his office (or life). 10. Any petition or application to the Crown which, according to present practice, may be referred by Her Majesty to the Judicial Committee of the Privy Council, may be referred by Her, in like manner, to the Judicial Committee of the House of Lords.
Page 188 - ... railway, in respect of the same description of articles, matters, or things ; and that no reduction or advance in the said rates and tolls shall either directly or indirectly be made partially or in favour of or against any particular person or company...
Page 356 - ... to the division of the Court of Session which directed the issue for a new trial, on the ground of the verdict being contrary to evidence...