Читать книгу Principles of Equity - Henry Home Lord Kames - Страница 17

[print edition page 15]

EXPLANATION of Some SCOTCH Law Terms Used in This Work

Adjudication, is a judicial conveyance of the debtor’s land for the creditor’s security and payment. It corresponds to the English Elegit.

Arrestment, defined, book 3, chap. 4.

Cautioner, a surety for a debt.

Cedent, assignor.

Contravention, an act of contravention signifies the breaking through any restraint imposed by deed, by covenant, or by a court.

Decree of forthcoming, defined, book 3, chap. 4.

Fiar, he that has the fee or feu; and the proprietor is termed fiar, in contradistinction to the liferenter.

Gratuitous, see Voluntary.

Heritor, a proprietor of land.

Inhibition, defined, book 3, chap. 4.

Lesion, loss, damage.

Pursuer, plaintiff.

Propone, to propone a defence, is to state or move a defence.

Reduction, is a process for voiding or setting aside any consensual or judicial right.

Tercer, a widow that possesses the third part of her husband’s land as her legal jointure.

[print edition page 16]

Voluntary, in the law of Scotland bears its proper sense as opposed to involuntary. A deed in the English law is said to be voluntary when it is granted without a valuable consideration. In this sense it is the same with gratuitous in our law.

Wadset, answers to a mortgage in the English law. A proper wadset is where the creditor in possession of the land takes the rents in place of the interest of the sum lent. An improper wadset is where the rents are applied for payment, first of the interest, and next of the capital.

Writer, scrivener.