The Journal of Jurisprudence Volume 14 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: parties acting in concert. But we must take the Act ay we find it The enactment proceeds on the assumption of antagonism between the parties in regard to the revival. The condition of paying expenses is in favour of the opposite party. This being so, is it not in the power of the opposite party to dispense with the condition ? I fear that question must be answered in the affirmative. I know no case in which a party may not dispense with a condition of payment of expenses to himself. I think, therefore, that when a party admits good cause, or dispenses with paymentof expenses, it must be within the power of the " Sheriff to revive the action."?Lord Justice-Clerk Inglis, Ibid. The same views are expressed, or assumed, in the more recent cases of Stewart, above cited, and of Gordon, May 29, 1869, in which the late Lord Justice-Clerk Pattou, in delivering judgment of the same Division of the Court, said: " Your Lordships, in the case of Mackintosh, have held that a consent to a motion to revive implies a waiver of the claim of expenses, and that upon such consent being given, the action may be revived." After the above expressions of opinion by the Second Division it is not a little startling to turn to the language of the esteemed Judge who now presides there, as reported in the case which has led to these remarks. It is possible that the terms of the report are not quite correct. But if they are, we humbly think that, however wrong the delay which is complained of may have been, however unfortunate that so great delay should be possible in any case, it is difficult to justify the expressions that the " state of matters" was " very scandalous," or that " the provisions of the Sheriff Court Act had been set at defiance.'" A Remarkable Conversion.?The Pall Mall Gazette, which ...