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1ST DIV 2ND DIV accordingly action affirmative appellant apply appointment arbitrator Argued assessment Assessor averments bales Baron Vernon bye-laws Cameronia charge circumstances claim clause of return Clyde collision compensation Counsel Court of Session damages December December 11 decision decree deed defenders direction Dunedin duty effect entitled evidence expenses fact Falkirk favour fund Glasgow granted Hauk heir held heritable House of Lords Inland Revenue inter alia interlocutor January judgment judicial factor jury Kirktonhill lands law agent lease liability lock-ups Lockhart Lord Justice-Clerk Lord Ordinary Lord President Lord Sands Lordship marriage ment Musselburgh opinion OUTER HOUSE Parish parties payment person plea present profits provisions purpose pursuer question reason referred regard respect respondents Scotland SCOTS LAW share Sheriff Court Sheriff-Substitute shew ship statute statutory testator tion trust disposition trustees ultra vires Valuation vessel workman
Page 376 - of Collision. ART. 21. Where by any of these rules one of two vessels is to keep out of the way, the other shall keep her course and speed. ART. 24. Notwithstanding anything contained in these rules, every vessel, overtaking any other, shall keep out of the way of the overtaken vessel
Page 376 - NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS. ART. 29. Nothing in these rules shall exonerate any vessel, or the owner, or master, or crew thereof, from the consequences .... of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. On
Page 380 - she is coming up with another vessel from any direction more than two points abaft her beam. The duty of keeping clear remains with the overtaking vessel until she is finally past and clear. On the question of fact as to which vessel entered the buoyed channel first, the Lord Ordinary says in his
Page 31 - to recover damages independently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be
Page 409 - (c) All dangerous parts of the machinery and every part of the mill - gearing must either be securely fenced, or be in such position or of such construction as to be equally safe to every person employed or working in the factory, as it would be if it were securely fenced ; The
Page 93 - Charity in its legal sense comprises four principal divisions— trusts for the relief of poverty ; trusts for the advancement of education ; trusts for the advancement of religion ; and trusts for other purposes beneficial to the community not falling under any of the preceding heads " (Commissioners for Special Purposes of Income Tax v. Pemsel,  AC 531 at p. 583). The fourth head of Lord
Page 344 - If the workman has recovered compensation under this Act .... the person by whom the compensation was paid " shall be entitled to be indemnified. The word " recovered " as here used clearly means received payment, and if that is its meaning in this part of the section, that must be its meaning throughout.
Page 460 - (1) A resolution shall be an extraordinary resolution when it has been passed by a majority of not less than threefourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given.
Page 281 - ordinary sense of the word as denoting an unlooked-for mishap or an untoward event which is not expected or designed." In later cases it has been laid down that an extrinsic cause of injury is not essential ; compensation is due where injury results from functional derangement or disturbance