Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. A difpofition to a Ton in liferent, for his literont-ufe allenarljr, and to his children in tee» cannot be altered by the fon upon- the fucceffion*s opening to him. The tax-gatherer has, in my of Hnion, xione no harm ; and you cannot do him juftice, unlefs you fend him out of Court with all his e^penccs. — ^Whenever, by any new invention, a greater quantity of provifions can be carried into a town than formerly, then the old mode of co Uefting the taxes on that article of provif K)ns is wrong. Tlie fiifpenfion of this form is always granted periculo petentis ; and al« though it is, of courfe, competent to date the objeftion, yet I fhould reluc* tantly put an end to the adjudication on this objedion ; for firfty We have made the regulation ; we have the power of repealing it, or of fufpending it in a cafe of urgent neceflity.You can search through the full text of this book on the web at | //books .google .com/I [ll I L Co ux 5 p. There can be no doubt, that it is in the^powcr-of the magiftratcs to rcftify their tables, and to new-model them, fo as to bring matters to the former ftandard, and to put an equal tax on all the provifions that are brought in : But 1 have not the leaft idea that this is in the power of the tax gatherer. Thb difpenlation did not Hop the reading, it only pre* vented the delay in extrafling ; and if you had the power, I never faw a cafe ^ where there was more expediency, and 1^ harm in the meafure than in the prefent, by which you brought in a juft creditor pari paflfu with the others. they could not have had better information ; for the petition was intimated to them, which was at lead equal to the minute-book. Many cafes have occurred, and much li- tigation has there been before this Court, upon the nature of the conftitution ; and no later than lad winter we had a very keen debate on this point in the cafe ' of Hamilton of Barns, in which the Court repelled the plea ot prcfcription, -becaufe the claim was founded on writing ; though it differed in nothing fro Ji • this cafej'Whete the carrier has given his receipt. — Adhere, Lords Eflcgrove, Dreg- bom, Polkemmet, Stonefidd, Ankerville, Hcnderland, Dunfmnan, Abcr- • cromby-— ALTfc. There is no fliadow of jufticc in excluding th power of redemption. — ^Thi8 is to make a di(tin£lion betwixt the debtor and his mandatory ; for here the carrier was the mandatory. Will it be fufficient to conftitute a title in the defender which would bar the reduftion? But I confefs, it appears to ine, that the pluris petitio in the adjudication muft have the eficd of ftoppinj the currency of the legal.
We encourage the use of public domain materials for these purposes and may be able to help. The fame found, when the conveyance was by a father to his fon, in liferent, for liferent ufe only, and to children in fee. In profccution of his objed, Mr Skene brings a cri- minal complaint againft the tax-gatherer, for having him puniflied. Thefe memorials came this day to be con* fidered« Opinions. — ^The obje&ion now to be confidered is, Whether this adjudication is null, from the decree not having been read in the minute book, in confequence of a difpenfation from the Court ?
Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Now, had the adjudication been led for thefe articles alone from which the p/i^ij perfz/fo arife Ss there can be no doubt that the adjudi- cation might have been reduced. That his decree of conftitution had been extraded without being read in the minute-book, upon a difpenfation, but referving all obje&ions ; 2dly, That before the inducise were fully run, the adic Kn of conditution had been brought into Court, and the decree ta^en, in virtue of a difpenfation with the fecond diet of the fummons, which, in like manner, referved all objections.
Public domain books belong to the public and we are merely their custodians. But the anfwer which has been made is, that • '* and that over and above the compofition to the fuperior, and ezpences of infeftment ; ** and probation (hould be led, &c.: Or otherwife, all iud Angular the lands and others after ** fpecifiedy pertaining heritably. ought and Ihould be adjudged from the faid — and *' all others having or pretending right thereto, and decerned and ordained to pertain and •• belong to «— heritably, ind in payment and fatisfa Aion to them, of the forefaid Aims of " money, principal and annualrents, and liquidate ezpences, refpe^ively before written, urt, N^ 21. 0« gilvy againft Lefly— 16th February 171 1, Dickfon againft Logan, Forbcs.-^jth July 1743, Hamilton againft Baird, Kilkerran, p. The Lord Dunfinnan Ordinary, before whom thefe objedions came, repell- ed them ; and the quedion being brought before the Court by petition and anfwers, they, upon the fecond obje&ion, adhered to the judgement of the Lord Ordinary on this ground.
Google This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. as will be worth, and fatisfy them, of the '^' films of money, principal and intereft, before fpecified ; with a fifth part more, in refpe A ** they win thereby want the ufe of iheir money, and be dbliged to Cake land for the fame ; " and 1 1 2 25th November 1 794, N''4 u which proceeds upon it accumulates each fum.
It has survived long enough for the copyright to expire and the book to enter the public domain. I (hould, therefore, wi Qi to know, what the prafticc truly is in tfiefc articulate adjudications, betore de- livering any further opinion upon this point.
Maintain attribution Tht Goog Xt "watermark" you see on each file is essential for in forming people about this project and helping them find additional materials through Google Book Search. Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Let us con- iider then, how far, in this point of view, the adion is well founded. The ad of federunt includes many particulars be- fides the minute-book ; and in regulations for conduding the bufinefs of this Court, afts of federunt have a force equal to that of an aft of parliament.