Covering topics as diverse as the enforcement overseas of decrees of Scottish courts, medico-legal matters, conspiracy and the interpretation of wills, this collection of essays commemorates the work and interests of Professor Emeritus Sir Thomas Smith QC, a former member of the Scottish Law Commission, teacher of law at the universities of Aberdeen and Edinburgh, and motivating force and first General Editor of the Stair Memorial Encyclopedia. The essays have been contributed by some of those whose own interest in Scots law has been fostered or influenced by TB's writing and teaching, including: Professor Robert Black QC, Dr D.L. Carey Miller, Dr E.M. Clive, Professor J.M.J. Chorus, Dr R.D. Leslie, Professor W.W. McBryde, Dr R.A. McCall Smith, Dr D.W. Meyers, Professor E. Schanze, W.D.H. Sellar, Professor J.M. Thomson, D.B. Walters and Professor W.A. Wilson.
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• Historical introduction-- legal and administrative bodies-- crofts and crofters-- security of tenure-- fair rent and compensation-- changes in tenancy-- succession-- common grazings-- rights to acquire ownership-- release from crofting controls-- cottar's rights. Appendices: statutes-- rules of the Scottish Land Court-- rules of procedure of the Crofter's Commission-- notes on the availability of legal aid.
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Designed as a comprehensive textbook to the subject of crofting law with special reference to the Crofting Reform Act of 1976 which conferred on crofters the right to acquire an owner's title to their crofts and the right to share in the development value of croft land.
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• Scottish legal terms and Latin maxims, Ann D. Smith, Hamish McN Henderson and John S. Boyle-- European Community legal terms, K.P.E. Lasok, D.A.O. Edward and R.C. Lane.
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A comprehensive glossary of Scottish legal terms, featuring more than 2,000 definitions. The inclusion of a glossary of European Community legal terms makes it a complete source of reference for anyone requiring guidance on the legal terminology of Scotland.
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• "Basis of diligence. Extension of time to pay debts. Diligence in security. Non-earnings arrestment. Arrestment of earnings. Poinding and sale. Miscellaneous diligence. Diligence against heritable property. Competition of diligences. Enforcement of foreign judgments. Wrongful diligence. Expenses and legal aid. Administration of officers of court.".
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"(A BUTTERWORTHS/LAW SOCIETY OF SCOTLAND JOINT PUBLICATION) This is a comprehensive treatment of the current law of diligence. The chief features of the Debtors (Scotland) Act 1987 and the subordinate legislation made thereunder are fully covered in the text as are those features of the law of diligence regulated by other statutory provisions and by common law. The emphasis of the book is at a practical level, making it an essential work of reference for all practitioners.".
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The title of the "Encyclopaedia" acknowledges the debt owed by modern Scots lawyers to Viscount Stair, whose "Institutions of the Law of Scotland", published in 1681, was the first authoritative and comprehensive statement of Scots Law, and helped to ensure the survival of an independent and distinct system of jurisprudence in Scotland. The "Stair Memorial Encyclopedia" is the first comprehensive statement of Scots Law for more than 50 years. The "Encyclopaedia" commenced publication in 1987 and when complete will comprise 25 volumes. 20 of these volumes had been published by the end of 1993. The narrative text is sub-divided into more than 130 titles, arranged in alphabetical order by title. They cover subjects ranging from accountancy and arbitration through housing and human rights, to tribunals, valuations and wills. Each volume is fully indexed and contains tables of statutes, statutory instruments and cases. The contributors to the work number almost 300, and include many of the most able and respected lawyers in Scotland. Law Lords, sheriffs, advocates, solicitors and academics have brought their experience, knowledge and skill to the work, while other professionals, like doctors and surveyors, have contributed in their specialist areas. To ensure that the encyclopaedia retains its usefulness as a work of first reference, an updating service is also provided. This is in looseleaf format, in which notes of case and legislative developments, as well as references to articles in magazines and journals, are keyed in to the relevant volumes and paragraphs of the main work. The updating service also includes glossaries of Scottish and EC legal terms, and tables of cases, statutes, statutory instruments, and commencement orders. In addition, a copy of "Is it in Force", an annual publication listing the commencement dates of the provisions of all UK statutes passed during the previous 25 years, is also provided to subscribers of the service. To facilitate ease of cross-referencing between volumes, an interim cumulative index was published in 1992. Volumes of interim consolidated tables of cases and of statutory materials were published in June 1993.
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