Report of the Commissioners Appointed to Inquire Into the Courts of Law in Scotland; 1st-5th

Report of the Commissioners Appointed to Inquire Into the Courts of Law in Scotland; 1st-5th

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...If there is a principle involved, I think notes should be taken if either of the parties ask it. 4697. How are you to determine whether there is a principle involved?--I suppose the' thing would be selfapparent; I mean if it involved a principle that was to regulate other cases, and was not merely to settle that particular case. 4698. You mean that it should be done in a representative cause?---Yes, something of that kind. 4699. Jllr. Harr-z'son.--VVould you make the Sheriffsubstitute the sole judge as to whether it was a representative cause?--I think he might almost be allowed to be the judge of that. I don't think he would go far astray upon that point. 4700. The Cltaz'rman.----Whether it is a representative cause or not is very much a question of fact?--To some extent; but I think it would be better, if it is a representative cause, to have that fixed before the proof begins. 4701. If either party says it is a representative cause, and states why, you think the Sherifl' should decide whether it is a representative cause or not?---Yes; and that point might be appealed. 4702. But suppose he was of opinion that it was not a representative cause, what as to taking notes?---I think in that case the appeal should be heard first and determined, and let it come back to him. 4703. You think the cause should be delayed until that point was determined on appeal?----Yes. 4704. Jllr. Baarter-.--I suppose you don't think that there would be_a necessity for that in many cases '?---I don't think it. 4705. The Chairman.--Y0u would not give either party a right to require at the outset, as matter of right, that the Sheriif should take notes ''!--I don't think that would be necessary.. 4706. Is there any...show more

Product details

  • Paperback | 484 pages
  • 189 x 246 x 25mm | 857g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236870123
  • 9781236870124
  • 2,236,216