The Scots Law TimesC.E. Green & Son, Limited, 1927 - Law |
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Page 23
... consider what , according to the statement of the learned arbitrator , he was in point of fact doing when he was injured . That also is not left in doubt . The learned arbitrator finds that the appellant , at the time of his injury ...
... consider what , according to the statement of the learned arbitrator , he was in point of fact doing when he was injured . That also is not left in doubt . The learned arbitrator finds that the appellant , at the time of his injury ...
Page 24
... consider the whole of the section together , and it is clear that the intention of the section is this - not to deprive a man of right to compensation because he was doing an act which he was employed to do in a way he was not entitled ...
... consider the whole of the section together , and it is clear that the intention of the section is this - not to deprive a man of right to compensation because he was doing an act which he was employed to do in a way he was not entitled ...
Page 27
... consider and determine any question as to my will and bequeath to my wife Elizabeth Ord ademption of legacies . all the money that I am possessed of after paying deathbed and funeral expenses . " Then there follows a list of various ...
... consider and determine any question as to my will and bequeath to my wife Elizabeth Ord ademption of legacies . all the money that I am possessed of after paying deathbed and funeral expenses . " Then there follows a list of various ...
Page 33
... consider that the reservation was effective to serve its purpose . I should reach that conclusion unaided by authority . But I am fortified in the view which I have expressed by dicta of the Lord President and Lord Skerrington in the ...
... consider that the reservation was effective to serve its purpose . I should reach that conclusion unaided by authority . But I am fortified in the view which I have expressed by dicta of the Lord President and Lord Skerrington in the ...
Page 35
... consider , and did not decide , what effect should be given to such a reserva- tion as we have here . But in the subsequent case of Stewart v . Perth General Station Com- mittee ( 1923 S.C. 356 and 1924 S.C. 1004 ) , there are weighty ...
... consider , and did not decide , what effect should be given to such a reserva- tion as we have here . But in the subsequent case of Stewart v . Perth General Station Com- mittee ( 1923 S.C. 356 and 1924 S.C. 1004 ) , there are weighty ...
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Common terms and phrases
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 ground Hauk heir held heritable House of Lords Inland Revenue inter alia interlocutor January judgment judicial factor jury Kirktonhill lands law agent 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
Popular passages
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 377 - terms of Article 29 nothing in the regulations will exonerate any vessel from the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case. la
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, [1891] 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