The Scottish Jurist: Containing Reports of Cases Decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts, Band 22

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Michael Anderson, 1850
 

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Seite 124 - Road, or as near thereto as Circumstances will allow ; and the former Road shall be restored, or the substituted Road put into such Condition as aforesaid, as the Case may be, within the following Periods after the first Operation on the former Road shall have been commenced, unless the Trustees or Parties having the Management of the Road to be restored by Writing under their Hands consent to an Extension of the Period, and in such Case within such extended Period ; (that is to say,) if the Road...
Seite 254 - ... otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Seite 124 - Every penalty or forfeiture imposed by this or the special act, or any act incorporated therewith, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices...
Seite 17 - ... at the same meeting or at an adjournment thereof, or at a meeting to be called for the purpose, resolve as to the manner in which the assessment is to be imposed...
Seite 89 - If no agreement be come to between the promoters of the undertaking and the owners of or parties by this act enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of the undertaking, or any interest in such lands, as to the value of such lands, or of any interest therein, or as to the compensation to be made in respect thereof, and if in any such case the compensation claimed shall not exceed fifty pounds, the same shall be settled by two justices.
Seite 3 - Session shall, in reviewing the judgment proceeding on such proof, distinctly specify in their interlocutor the several facts material to the case which they find to be established by the proof, and express how far their judgment proceeds on the matter of fact so found, or on matter of law, and the several points of law which they mean to decide...
Seite 166 - The Lords having resumed consideration of this petition with condescendence, answers, replies, duplies, and whole cause, find that the pursuers, James Craigdallie and others, have failed to condescend upon any acts done, or opinions professed, by the Associate Synod, or by the defenders Jedidiah Aikman and others, from which this court, as far as they are capable of understanding the subject, can infer, much less find, t lut the *aid defenders have deviated from the original principles and standards...
Seite 123 - If the road so interfered with, can be restored compatibly with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the company, or as near thereto as may be...
Seite 17 - ... of such assessment shall be imposed upon the owners, and the other half upon the tenants or occupants, of all lands and heritages within the parish or combination, rateably, according to the annual value of such lands and heritages...
Seite 166 - Further, find that the pursuers have failed in rendering intelligible to the Court on what ground it is that they aver that there does at this moment exist any real difference between their principles and those of the defenders ; for the Lords further find, that the act of forbearance, as it is termed, on which the pursuers found, as proving the apostacy of the defenders from the original principles of the Secession, and the new formula, were never adopted by the defenders, but were either rejected...

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