477

I.

INDEX

OF

MATTERS RELATING TO THE LAW OF SCOTLAND.

ACCOUNTANT-GENERAL, a similar officer recommended for Scotland

by Lord Eldon, 139.

Affinity, no succession by, 371.

Agnates, who, 380.

Alioqui successurus heir, collation by him, 374.

Appeal, the House of Lords, on admission of parties, had adjudged
the succession to one of them; could this be opened up if on mis-
take? 137.

Approbate and reprobate similar to election in England, 219.
Aunt. See Uncle and aunt.

Balfour, Sir James, Practicks under his name, the work of an un-
certain author, 66.

an extraordinary person; held numerous offices, 67.
Bankruptcy, introduced into Scotland by 12 G. 3. c. 73.-230.
the international effects held to belong to it in the British
Courts, 231.

Bankton, when he wrote, the law of international succession not
fixed, 83.

Bastard can a person be a bastard in one country and legitimate in
another? 86.

312.

cannot make a will before obtaining letters of legitimation,

Berne, ancient MS. from the library of, containing collections of
English and Scottish law, 21.

Blood, full blood excludes the half blood in collateral succession, 378.
Bond, heritable, goes to the heir, 308.

moveable, of a mixed nature as to succession, ibid.

Boniface VIII., decretals of, noticed in Regiam Majestatem, 16.
Brother and sister, and their descendants, take in preference to the
father, 380.

Burn, opinion of (Eccles. Law), that the law of personal suc-
cession in Scotland had been borrowed from the province of
York, 68.

reasons for doubting this, ibid.

Capita, succession per capita

not per stirpes, 377.

Chalmers's Caledonia-his views as to the age of Regiam Majesta-
tem, 21.

Chartularies of the monasteries, state of ancient law to be seen in,
20.

contain deeds similar to those used in England at the same
period, ibid.

Children entitled to legitim out of the goods in communion, 367.
Church, the Scottish, its independence declared in 1188,-68.
Cognates, who, 380.

Collateral succession excludes the half blood, 378.

Collation in Scotland, what, 205.

takes place in collateral as well as direct succession, ibid.
similar to bringing into hotchpot in England, 376.
Commissary courts, instructions to them in 1610,-62.
established at the Reformation, 247.

alterations in regard to them, 248.

Communio bonorum, its effect in the case of the wife predeceasing,
131, 133.

takes place on marriage, 365.

subject to the husband's jus mariti, ibid.

Confirmation to be granted to the nearest in kin, by 1540, c. 120.,
-61.

granted in any Commissary court was effectual throughout
Scotland, 250.

fees paid upon, 250, 251.

formerly required to vest the property, 252.

also to give an active title to the personal representative, ibid.
Craig, Sir Thomas, strongly opposed to the authenticity of Regiam
Majestatem, 15. 17.

personal succession in his time not fixed in some points, 67.
Curator can he claim the custody of the minor's person? 202.
See Tutor.

Daughters. See Succession.

David I. was he the author of Regiam Majestatem? 13.
Dead's part, what, 365.

Death-bed, 366.

Erskine, when he wrote the law of international succession not
fixed, 84.

Escheat of the effects of a bastard, 85.

Executors testamentary, synonymous with executors in England, 61.

Executors testamentary, a third of the residue given to them by
1617. c. 14.,-63.

dative, synonymous with administrators in England, 61.
sometimes only mean nearest in kin, 62.

Father, liability of, as manager for the succession of his minor
children, 149.

has the power of disposing of the dead's part by his will, 367.
entitled to the management of his children's shares, while
they are under age, 369.

excluded in succession by brothers and sisters, and their
descendants, 380.

Fisc, 308.

Forisfamiliated, 62, 63.

France, its former intimate connexion with Scotland, 69.

similarity in their laws of personal succession, ibid.
their subjects mutually naturalized, ibid.

formerly divided into the "

droit écrit," 70.

pays coutumiers," and "

pays de

their customary laws of great extent and intricacy, 71. Abolish-
ed by the Code Napoleon and Code Civil, ibid.

Gregory IX., a gloss on the decretals of, noticed in Regiam Majesta-
tem, 16.

Grandfather. See Succession.

excluded by uncles and aunts, and their descendants, 381.
Great-grandfather, 382. See Succession.

Hailes, Lord, his opinion of Skene as an editor, 16.

notice of villenage in his annals, 19.

Heirship moveables, who entitled to, 309.

Heritable and moveable, 307, 308.

Husband, jus mariti of, 365.

can only bequeath his dead's part by will, or deed mortis causa,
ibid.

Idiots, fatuous and furious persons, 113. 115.

Jus mariti. See Husband.

Jus relicta, 367.

vested without confirmation, 383.

Kaimes, his observation on Craig as an antiquary, 18.

was of opinion that the laws of England and Scotland were

Legatine constitutions of the Scottish church, 23.

Legitim, cannot be disappointed by a testamentary instrument of the
father, 131.

release by one child operates in favour of the others, ibid.

must be specially discharged, 137.

advances to children to be accounted for, 375.

confined to children; grandchildren do not take, 377.
vested without confirmation, 383.

Legitimation, letters of. See Bastard.

per subsequens matrimonlum, 86.

Macfarlane, MS. copies of antient chartularies, 20.

Mackenzie, Sir George, his observations on 1617, c. 14.—giving
a third of the residue under a will to executors, 64.

terms this a most just act, ibid.

Marriage, a father may, in his will, forbid his daughter to marry a
certain individual under a penalty of the loss of her fortune in
case of disobedience, 159.

if not subsisting for a year and day, and no living child when
dissolved, a restitutio in integrum takes place, 365.

Minor, can the domicil of a minor be charged during minority?
201.

may make a will on attaining puberty, 312.

Mother, and all relations through the mother, excluded in succes-
sion, 379.

Multiple-poinding, 137.

Nisbet of Dirleton, his opinion on some parts of the law of suc-
cession, 2.

inclined to the rule paterna paternis, materna maternis, 67.
Nuncupative will, how far effectual, 89.

Othobon, legatine constitutions of, 9.

addressed to the Scottish church, 23.

a dispute in regard to the charges of his visitation noticed by
Fordun, ibid.

Probates and administrations, English, effect given to, in Scotland,
253.

an English probate sustained as a title to sue in Scotland, ibid.
· but on a question as to the preference between an English
probate and a Scotch decree dative, the Court in Scotland pre-
ferred the latter, 254.

held that the English executor must make up a title in Scot-
land, before his action be sustained, 256.

a widow and daughter residing in Poland, and suing in Scot-
land as personal representatives by the law of Poland, the testa-
ment was to be confirmed by the commissaries of Edinburgh, 257.

Probates and administrations, a debt due in Scotland, paid to one acting
under an English probate, the payment held to be good, 258.

an Irish probate sustained as a title to sue, in Scotland,
the executrix confirming before decree extracted, 259.

where probate of a will granted in England, a creditor not en-
titled to confirm a debt due to the testator in Scotland, 260.
Pupil, pupillarity, can the domicil of a pupil be changed by his
guardians? 201.

no will can be made during pupillarity, 311.

Quoniam attachiamenta, opinion of, in Barrington on Ancient Sta-
tutes, 19.

recognised by 1425., c. 54., 20.

Quot, payable upon confirmations in Scotland, 250.

now abolished, 251.

Regiam Majestatem and other ancient treatises published by Skene,
13.

questions as to their authenticity, 15. 17.

grounds in support of, 19.

recognised by statute 1425., c. 54., 20.

of an uncertain date, 21.

Representation, not allowed in personal succession, 377.

Rescinded act 1644. c. 19. (books of ministers not to fall in the
executry of their deceasing wives), 64.

Restraint on marriage, a father may, in his will, forbid his daughter
to marry a certain individual, 159.

Reversions, when introduced into the law of Scotland, 18.

Settlement what so termed; equivalent to a will or mortis causa
deed, 98.

Sequestration in Scotland. See Bankruptcy.

Sister. See Brother and sister.

Skene edited the ancient books of the Scottish law, 13.

Stair, when he wrote, the law of international succession not fixed,

83.

Statutes, Scottish, or relating to Scotland. Burgorum Quatuor Leges,
22, 60.

William the Lyon, statutes of, 59.

1425. c. 54. (recognition of Regiam Majestatem, &c.), 20.
1426. c.88. (confirmations of Scottish merchants settled abroad)
81, 256.

1487. c. 115. (commission for revising the laws), 21.

1540. c. 120. (confirmations to be granted to the nearest in
kin), 61.

1617. c. 14. (the executor to retain a third of the residue),
63.