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Solicitor (ix.) 106
Telegraph . 106
See also Election (xv.) 89
Tenant for Life, see Lands
Clauses Act (i.) 20; (vii.) 92;
Waste (i.) 4-0
in common, see Limi-
tations (v.) 93
pwr autre vie, see Practice
(oxlv.) .. 101

Test Action, see Practice (xlvi.) 30
Thames Navigation, see Ship(xix.) 70
Third Party Notice, see Practice,
(xoii.) 66; (cxxxv.) Time, see Arbitration (iii.) 46;
Bankruptcy (xliv., liv.) 79, 80;
Poor Law (iii.) 61; Practice


36 & 37 Vict., c. 90, see Master
and Servant (i., ii.) 58
c. 91, see Trad

Mark (ii.) 37
39 8: 40 Vict., c. 17, see Parti-
tion (vi., vii.) 95, 96
-—-——‘- c. 61, see Poor Law
(vi.) 61;(viii.) 96
——— c. 79, see Crimes
and Ofieuces (xiv.) 87
40 d: 41 Vict., c. 18, see Settle. -
meat (xiii.) 105
-—-—--— c. 21, see Municipal
Law (ii.) 24; (v., vii.) 60
41 & 42 Vict., c. 18, see Scot-
land (i.) 33
—-———- c. 19, see Husband
and Wife (v.) 18
-———- c. 26, see Election
(i., vi.) 15; (viii.) 54

—-——— c. 31, see Bill of
Sale (ii., iv.,v.) 7; (xi.-xvi.) 48,
49; (xviii., xix.) 83
—— 0. 77, see Highway
(iii.)17; (vii.) 55
42 & 43 Vict.,c. 11, sceEvidence(i.) 16
c. 30, see Crimes
and Offences (vi.) 53
Statute of Frauds, see Agree-
ments and Contracts (viii.) 3;
Husband and Wife (xiv.) 56
Statute of Limitations, see Debtor
and Creditor (iv.) 14-; 53;
Ecclesiastical Law (i.) 15; Hus-
band and Wife (ix.) 18; Limi-
tations 21, 57, 93; Mortgage
(ix.) 23; (xvii., xxi.) 94,95;
Principal and Agent (v.) 67;
Trustee (vii.) 73
Stay of Proceedings, see Bank-

ruptcy (xlii.) 79; Company
(xviii.) 12; County Court iv.)
52; Practice (xl vi.) 80; lv.)
62; (cx.) 97
Stoppage in to-ansitu, see Bank-
ruptcy (xxii.) 6
Strauding, see Ship (xxv.) 71
Street, see Highway (i.) 17 ; Met.
ropolitau Management (i.) 21
Sub-lease, see Landlord and ‘
Tenant (xiv.) 92
Subpoena, avoiding Service of,
see Election (xviii.) 90

Substitution, see Will (xxxix.)... 76

Succession Duty, see Revenue (iv.) 104

Snperfluous Land, see Practice
(cxlviii.) . 102

(lvi., lxxxv.) 62, 65; (civ.,

cviii, cxli.) 97, 101
Tithe Rent Charge 72
Title of Action, see Practice

(xcviii.)... 66
Title of Book, see Copyright (iv.) 52
Tcwage, see Ship (xi.) 37
Trade Mark 87, 72, 106

See also Agreements and Con-
tracts (iii.) 2
Trade Union, see Friendly
Society (i., ii.)... 17
Tramway, see Highway (viii.) 55
Transfer, see Mortgage (x.) 23;
Ship (xxxii.) 105
Transfer of Action, see Practice
(xlvii.) 80; (xoix.) 66; (cxlvi.,
cxlvii.) 101, 102
Transfer of Stock, see Practice(c.) 67
Trial, see Practice (xxxiv., xxxv.)

29; (ci.) 67; (cxlviii.) 102
Trust for Sale, see Election (ii.)

15; Partition (iv.) 60
Trust Property,see Mortgage (viii.)

23; Husband and Wife (xiii.) 55
Trustee ...87, 73, 107

See also Bankruptcy (xxix.,
xxxiii.) 4-7; (xliii., lxvi.) 79,
82; Husband and Wife (xvii.i.)
91; Power of Appointment

(ii.) 61; Settlement (xii.) 105
Ultra Viras, see Company (xxi.)
50; Railway (viii.) 83


Uncertainty, see Will (xxxii.) 75 Unconscionable Bargain, see

Agreements and Contracts (xiii.) 46 Undisclosed Principal, see Prin

cipal and Agent (ii., iii.) 30, 31

Unmarried, see Will (lv.) 110

Unregistered Company, see Com

pany (xlii.) 85 Vacation, see Practice (iii.) 26; (lxxxii.)... 65 Vendor and Purchaser, 38, 74, 1 8 See also Warranty (i.) 40; Scotland (vi.) 69 Vesting,see Will (xiii.) 42; (xxxi., xxxiv., xxxix.) 75, 76; (lvi.) 110 Vesting Order, see Trustee (iv.) 38 Vestry Meeting, see Municip Law (viii.) 60 Vis Major, see Water 74 Voluntary Allowance to Bankrupt, sce Bankruptcy (lii.) 80 Voluntary Gift 89 See also Canada (iv.) 8 ; Scotland (iii.) 83 Voluntary Settlement, see Settlement (viii.) 35 Voluntary Winding-up, see Company (xix., xx.) 12; (li.) 86 Volunteer Corps 40 Wager, see New South Wales (i.) 24 Wages, see Company (1.) 86; Masterand Servant (i.) 58 ; Ship (x].) .. . 106

Wages and Disbiirsemeiits, see
Ship (xxxi.) 71
Waiver, see Agreements and



Contracts (xi.) 3 ; Bill of Sale (ix.)8 ; Landlord and Tenant(iv.) Warranty Waste Waste, Inclosure of , see Copyholds

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See also Railway (i., iv.) Scotland (iv.) 34 Weekly Hiring, see Master and Servant (i.) Wife's Debts, see Husband and Wife (ii.) 18; Settlement (x.) Wild’s Case, Rule in, see Will(xii.) Will ...40,74, See also British Honduras (i.) 83; Husband and Wife (xviii.) 91 ; Partition (iv.) 60; Power of Appointment (iii.) 61; Probate, 31, 67, 102 Winding up, see Company (iii.xx.) 10-12; (xxvii..xxxiv.) 51, 52; (xlv.-ll.) 85, 86; Practice (xli.) 29; (lxxiv.) 64; (cviii., cxlvi.) 97, Withdrawal of Appeal, see Prac. tice Withdrawal of Defence, see Practice (iv., viii.) Witness, see Bankruptcy (viii.) 4; Defamation (v.) 88: Evidence Woman Past Child-bearing, see Settlement (xiv.) Woodlands, see Poor Law (v.) Workman, see Master and Ser. vant (ii.)

20 40 40

52 108

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HERE is scarcely any older office in Scotland than that of Sheriff.* The name is derived from shirereeve, that is, the magistrate or ruler of the shire, or part of the country sheared or cut off; and to this day a large and important part of the common law jurisdiction exercised by the Sheriff is as “Judge Ordinary of the bounds.” In Scotland, as indeed in all countries where the Feudal system prevai1ed,the great landed proprietors asserted of

_ old an almost unlimited jurisdiction in regard to crimes

committed within their territories, as well as a. civil jurisdiction of a less extensive character, whose duties they discharged with the aid of their vassals or freemen as jurors. In some cases the right of criminal jurisdiction was derived from royal grant, either in the form of a. barony, or of a. holding cum fossa et farm, that is—as it was pithily tra.nslated—-“ a. right of pit and gallows." This latter class of grant was of frequent occurrence. In nearly all the

‘It is noticed, says Sheriff Barclay (Digest of the Law of Scotland. Edinburgh: T. and T. Clark, r880), under Alexander I. (1 107-24). A statute or Alexander ll. (1214-49), cap. 14, directs the attendance of Sheriffs or their deputies at the Courts of Bishops, Abbots, Barons, and Freeholders (Alexander Robertson, The Government, Constitutiomand Laws of Scotland: Stevens and Haynes, 1878).

more important old castles the tourist is shown the dismal dungeons or pits into which often the prisoners had to be -lowered. The visitor to the yet inhabited castle of Cassilis, in South Ayrshire, cannot fail to observe from its northern windows the mighty “dule tree” close by on which the rough Kennedys hung more than gypsies; and the antiquarian who finds his way to the remote ruins of Edzell Castle, in Forfarshire, can see from the window of the banqueting hall the gallows-knowe, on which the victims of the Lindsays of the “ proud House of Edzell ” were led out in the evening to die.

To assist the heritable proprietor in his capacity of territorial Sheriff when points of law came up, or frequently to act for him, there was his Sheriff depute. On the other hand, the Crown persistently strove to introduce its own authority. Twice in the year—-on the grass and on the corn—its Justiciar held his Courts throughout the country; and a Sheriff, called for distinction the King’s Sheriff, was appointed to live in the shire and look after the interests of the Crown. One part of his duty was to collect, with the assistance of his fiscal, the Crown revenues, and another to attend the local Courts as inspector, and see that justice was properly administered. It is little matter for surprise that—just as in the case of the clerk of the justiciary Court, eventually the Lord Justice C1erk—the Sheriff’s functions gradually assumed a judicial character, and, aided by the powerful and friendly backing of the Supreme Court, he drew to himself more and more authority, and so enlarged the sphere of his duties that ultimately it often became necessary for him to appoint one or more substitutes who acted for and under him. In some cases even the King’s Sheriffships became hereditary in certain families.

But the evil results of such a system, and, indeed, of the judicial rights of territorial magnates, were found to be so serious and so adverse to the national interests in the case

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