A Digest of the Law of Scotland

Currie · Post by **Currie** » Mon Dec 03, 2007 9:01 am

A Digest of the Law of Scotland.

Are there any budding Legal Eagles out there who are none too concerned about being a bit behind the times? Here’s just the thing for you. It’s the 1855 offering from Hugh Barclay, “A Digest of the Law of Scotland: With Special Reference to the Office and Duties of a Justice of the Peace.”

Ever wonder about the meaning of certain words but were always afraid to ask? Now you can look them up in the privacy of your own home. Every legal word and circumstance is there, conveniently set out from A to Z.

Not sure how to punish your children for some wrongdoing? Wouldn’t you like to have the best behaved kids on the block? This handy guide will set you on the right path and its mere mention may be enough to set them on the straight and narrow.

Some examples from this worthy publication:

ATHEISM, or denial of a God. The guilty persons were liable to capital punishment by the Acts 1661, c. 21, and 1695, c. 11; but ………

MARRIAGE 1. Males above fourteen, and females above twelve, both being in pupillarity, may contract marriage without consent of their parents or guardians; and consent, previous to the proper age, may be homologated subsequent to full age by cohabiting …………

ZAIRS OR WEIRS. “All cruives and zairs set in fresh water quair the sea fillis and ebbis, the quilk destroys the frie of all fisches, be destroyed and put awaie for ever mair ………"

Definitely recommended. ***** Five Stars.

http://www.google.com.au/books?id=p4ADA ... A1#PPP5,M1

Alan

Post by **SarahND** » Mon Dec 03, 2007 10:12 am

And here's the legal gent himself, laying down the law to his wife, four little scholars and two servants, (yet coyly hiding behind the mistranscription of his last name and place of birth):

1851
Mansfield Place, Bridgend, Perthshire
Hugh Barday, 52, Head, born Glasger, Lanark, Sheriff Substitute
Margaret Barday, 51, Wife, born Glasger, Lanark
Margaret Barday, 16, Daughter, born Perth, Perth, Scholar
Elizabeth K Barday, 14, Daughter, born Perth, Perth, Scholar
James Barday, 11, Son, born Perth, Perth, Scholar
Robert B Barday, 8, Son, born Perth, Perth, Scholar
Helen Urquhart, 32, Servant, born Edinburgh, Midloth, Servt
Isabella Stewart, 25, Servant, born Logierait, Perth, Servt

He must have laid it down rather heavily, as I note from year to year (1841-1871) that with the exception of James, who followed in his father's footsteps, the children (a total of 7 over the years) flee the household just as soon as they (legally!) can...

Sorry folks, things are slow these days on TS and I just can't stop looking up census records

Thanks, Alan. I can see that this book will be useful looking up some of those legal words that crop up in our research.

There's a fascinating little bit on pp714-15 concerning a "foul and offensive dungstead full of liquid manure and decaying vegetable and animal matter" in the section on the NUISANCE REMOVAL AMENDMENT ACT (1849)

There is also a long section on the Poor Law, which will be interesting reading for many.

Cheers,
Sarah

LesleyB · Post by **LesleyB** » Mon Dec 03, 2007 11:58 am

Hi Alan
Fascinating find! Full of interesting and eye-opening stuff.

Sarah:

Sorry folks, things are slow these days on TS and I just can't stop looking up census records

That is just about as bad as the time I went off on a tangent looking into the family history of a couple of the registrars from Leith!

Best wishes
Lesley

Post by **SarahND** » Mon Dec 03, 2007 1:33 pm

LesleyB wrote: That is just about as bad as the time I went off on a tangent looking into the family history of a couple of the registrars from Leith!

$

$ I've done that too. Even checked out my ggg grandfather's landlord

As we speak, I'm looking into the family history of the person who represented my ggg grandfather's wife in an aliment suit

Well, you never know when something is suddenly going to connect and shed light on the "important" things

Back to the censuses...
Sarah

nelmit · Post by **nelmit** » Mon Dec 03, 2007 2:24 pm

SarahND wrote:
LesleyB wrote: That is just about as bad as the time I went off on a tangent looking into the family history of a couple of the registrars from Leith!
$ $ I've done that too. Even checked out my ggg grandfather's landlord As we speak, I'm looking into the family history of the person who represented my ggg grandfather's wife in an aliment suit
Well, you never know when something is suddenly going to connect and shed light on the "important" things

Back to the censuses...
Sarah

Regards,
Annette M

Bethan · Post by **Bethan** » Mon Dec 03, 2007 3:58 pm

Many thanks for this - the section on Master and Servant law gives a good, detailed view of working conditions back then.

Regards,
Elizabeth.

Currie · Post by **Currie** » Fri Dec 14, 2007 6:03 am

Here’s a similar publication, for those who want a second opinion, or perhaps a more understandable one. This edition was published some 34 years earlier in 1821 but originally written in 1815.

A SUMMARY OF THE POWERS AND DUTIES OF A JUSTICE OF THE PEACE IN SCOTLAND,
In alphabetical order; with Forms of Proceedings, &c.
Comprising a short view of the criminal duty, and of the greater part of the civil duty, of Sheriffs and Magistrates of Burghs.
By George Tait, Esq. Advocate.
The third edition.
Edinburgh: 1821

http://www.google.com.au/books?id=5NI2AAAAIAAJ&pg=PA1

Alan.

speleobat2 · Post by **speleobat2** » Fri Dec 14, 2007 12:42 pm

Thanks Alan,

I'll never worry about being too wordy again!

Carol