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Of 100 Memorandum of Agreement Between The Memorandum of Agreement between The Faculty of Advocates and The Trustees of the National Library of Scotland on the Ownership of Items 1. This Memorandum of Agreement is made between the Faculty of Advocates (‘the Faculty’) and the Trustees of the National Library of Scotland (‘NLS’). It supplements the terms of the following: (a) the National Library of Scotland Act 1925 (‘the 1925 Act’); (b) the Agreement entitled Allocation of Books and Manuscripts between the National Library and the Advocates’ Library 1931 (‘the 1931 Agreement’), with the 1831 Catalogue of Law Books, the 1839 supplement to the 1831 Catalogue of Law Books and any other catalogues which the 1931 Agreement refers to; and (c) the Legal Deposit Libraries Act 2003 (‘the 2003 Act’). 2. (a) This Memorandum seeks to clarify the ownership of items currently known to be in the possession of NLS upon which the Faculty has a claim of ownership. It covers law books and legal publications, Faculty Records, and manuscripts. (b) This Memorandum seeks to establish the basis for action should any future claims of ownership arise on either side. (c) This Memorandum also makes provision for a deposit agreement to be drawn up for all items owned by the Faculty but in the possession of NLS. Current holdings 3. NLS acknowledges that the following items at present in its possession are the property of the Faculty: (a) copies of editions described in the 1831 Catalogue of Law Books and the 1839 supplement (Appendix A), where there is no reasonable doubt that these are the copies that were in the Advocates Library at the time of writing of the catalogue entry; (b) those items listed in the Volume II (Law) of the General Catalogue of Manuscripts (FR185)(Appendix B); Page 1 of 100 (c) those items (other than library catalogues) listed in Volume XIII (Faculty and Library Records) of the General Catalogue of Manuscripts (FR195a)(listed in Appendix D); (d) Volumes II and XIII of the General Catalogue of Manuscripts; and (e) those manuscripts, printed books and Faculty Records accessioned by the Advocates Library after 26 October 1925 and listed in Appendices C and D respectively. Future claims 4. In the event that any items are subsequently identified, which are in one party’s possession but are claimed by the other, NLS and the Faculty undertake to hold constructive discussions to resolve the issue. Such discussions shall be between the Keeper of the Advocates Library and the National Librarian and Chief Executive of the National Library of Scotland, or their representatives. 5. If parties fail to settle any such dispute, they agree to submit to arbitration in terms of the Scottish Arbitration Code 2010 or its successor. The arbitrator shall be mutually agreed, failing which, shall be appointed by the Scottish Branch of the Chartered Institute of Arbitrators. Deposit agreement 6. NLS and the Faculty will draw up a deposit agreement for all items owned by the Faculty but in the possession of NLS. NLS will make mutually satisfactory arrangements for the day-to-day management of the deposits. 7. The deposit agreement will also make provision (a) for adding items which are identified as owned by the Faculty but which are in the possession of NLS; and (b) for dealing with items which the Faculty deposits with NLS, subsequent to the making of this agreement. 22 December 2011 Signed Richard S Keen QC, Dean of Faculty, on behalf of the Faculty of Advocates Signed Martyn Wade, National Librarian and Chief Executive of the National Library of Scotland, on behalf of the Trustees of the National Library of Scotland Page 2 of 100 Appendix A – List of Faculty owned law books in possession of NLS This is a list of law books owned by the Faculty and in the possession of NLS at the time of signing. It was compiled after a check by Faculty staff of the 1831-9 Catalogue of Law Books in the Advocates Library and of a list compiled in 1966 by Harry Brashaw, Librarian of the Advocates Library at that time, of books he believed were owned by the Faculty and in the possession of NLS. It is not fully understood why these law books are in the possession of NLS as decisions do not seem to have been recorded. Staff at the Faculty and NLS have checked locations in order to be as sure as possible that the books listed as in the possession of NLS are the copies owned by the Faculty. Page 3 of 100 NLS SHELF AUTHOR TITLE FOR- NO. PLACE DATE DETAILS OF PART MARK MAT OF WORKS VOLS. [Ab] 3.4 Pownall (Thomas) The administration of the 8vo. London 1768 colonies… [Ab] 6/1.1 Pattyn, M Commerce maritime, fonde sur 8vo. Malines 1727 le droit de la nature et des gens, sur l'autorite des loix civiles ... [Ab].2/2.45 Budelius, R De monetis et re numaria, libri 4to. Col. Agrip. 1591 duo. [Ab].3.52 War in Disguise War in Disguise, or the Frauds 8vo London 1805 (1) of the Neutral Flags. [Ab].3.52 War in Disguise An Answer to War in Disguise; 8vo London 1806 (2) or Remarks upon the new Doctrine of England concernig Neutral Trade. [Ac] 1.6 Bentham, J Intro to the principles of morals 1789 [imperfect] & legislation [Ac] 2.8-15 Real de Curban Science du gouvernement: 4to. 8 Paris & 1762- (Gaspard de) ouvrage de morale, de droit et Amst. 1764 de politique [Ac] 4.26 West, Richard A inquiry into the origin and 8vo. London 1782 manner of creating peers [Ac] 4.30(4) Ramsay, Allan Observations upon the Riot Act 8vo. London 1781 [younger] [Ac] 4.36 Barclaius De regno et regali potestate… 4to Paris 1600 (Gulielmus) [Ac] 6.11 Sharp (Granville) A declaration of the people's 8vo. London 1774 natural right to a share in the legislature, which is the fundamental principle of the British constitution of state [Ac] Petyt (William) The ancient rights of the 8vo. 3 London 1680 7.36,36a,36b commons of England asserted [Ac] 7/2.33(2) Townsend A dissertation on the poor laws 8vo. London 1787 (Joseph) [Ac].3/1.3 Prynne (William) The soveraigne power of 4to London 1643 (1); parliaments and kingdomes. 4 KK.2/2.27(1); parts and an appendix. 1.133(5-6) [Ac]. 3/1.3(2) Prynne (William) An humble remonstrance 4to. London 1643 against the tax of ship money lately imposed… [Ac]. 3/1.3(3) Prynne (William) The opening of the Great Seal of 4to. London 1643 England [= Part 2 of Humble remonstrance] [Ac].3/1.19 Colquhoun A Treatise on the Police of the 8vo. London 1796 (Patrick) LL. D. Metropolis [Ac].3/1.19a Colquhoun A Treatise on the Police of the 8vo. London 1806 (Patrick) LL. D. Metropolis [Ac].3/1.21 Colquhoun A Treatise on the Commerce 8vo. London 1800 (Patrick) LL. D. and Police of the River Thames….. [Ac].3/1.5-6 Schmidt (Bened.) Principes de la Legislation 8vo 2 Amsterdam 1776 [i.e. George universelle. Ludwig] [Ac].4.43 India Observations on the Law and 8vo. London 1825 Constitution of India [Ac].4/2.47 Old Bailey Criminal Jurisprudence and the 8vo London 1833 Experience actual Working of our Penal Code of Laws. By the author of "The Schoolmaster's Experience in Newgate." Page 4 of 100 NLS SHELF AUTHOR TITLE FOR- NO. PLACE DATE DETAILS OF PART MARK MAT OF WORKS VOLS. [Ac].4/2.48 Whateley Thoughts on Secondary 8vo London 1832 (Richard) Abp. Of Punishments, in a letter to Earl Dublin Grey: to which are appended, two articles on Transportation to New South Wales, and on Secondary Punishments; and some Observations on Colonization. [Ac].7/2.37 Brady (Robert) A full and clear answer to W 8vo. London 1681 Petit's ancient right of the Commons asserted … [Ad] 2/2 Pastoret, C E P A Histoire de la legislation. 11 tom 8vo. 11 Paris 1817-37 [Ad] 3/1.1 Fortescue (Sir The difference between an 8vo. London 1714 John) absolute and limited monarchy…with some remarks by John Fortescue-Aland [Ad] 5.5a-e Filangieri La scienza della legislazione 8vo. 5 Filadelfia 1819 (Gaetano) [Ad] 5/1.6-12 Filangieri La science de la legislation : 8vo. 7 Paris 1786-91 (Gaetano) ouverge traduit de L'Italien [Ad] 5/2.30 Dauray de Brie Theorie des lois sociales… 8vo Paris 1804 (T. F.) [Ad] 5/3.59 Michell (Charles) The principles of legislation 8vo. London 1796 [Ad] 6.39 Hulsius (Henricus) Jura Guilielmi III restauratoris et 4to. Lugduni Bat. 1697 magni… [Ad] 6/1.22 Lolme, J L de Constitution de L'Angleterre 8vo. Amst. 1771 [Ad] 6/2.13 Tindal (Matthew) Four discourses on the 8vo. London 1709 obedience to the supreme powers, and the duty of all subjects in all revolutions… [Ad] 6/2.17 King (Edward) An essay on the English 8vo London 1767 constitution and government [Ad] 6/2.5 Sadler, John Rights of the kingdom… London 1649 [Ad] 7.18(3) Sarpi (Paolo) Dominio del mar Adriatico e sue 12mo. Venezia 1685 Raggioni… [Ad] 7/1.2 Buchananus De jure regni apud Scotos 12mo. Glasguae 1750 (Georgius) dialogus [Ad] 7/1.4 Barret (Gulielmus) Jus regis; sivede absoluto et 8vo Basileae 1612 independenti secularium principum domino, et obsequio eis debito, libri iii [Ad] 7/2.37 Zypaeus Hiatus Jacobi Cassani 8vo. Antverpiae 1640 (Franciscus) obstructus [Ad] 8.9 Raleigh (Sir The prerogative of parliaments 8vo London 1661 Walter) in England, proved in a dialogue bet.
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