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Topic: Udal Law


  
  The Orcadian Online Archive - Future of udal law
On reflection, however, I feel that udal law might have a wider relevance to the islands.
Their centuries-old right to do so is, I believe, founded in udal law for it does not necessarily exist elsewhere in the law of Scotland and may exist no longer if the current 'right-to-roam' bill passes through the Scottish Parliament.
That all-embracing nature of udal law was declared by a single, much-respected judge (Lord Lee) in 1890 in a case (Bruce v Smith) which related to Shetland (but would have equal application to Orkney) as follows:
www.orcadian.co.uk /archive/udallaw.htm   (848 words)

  
  Scots law - Wikipedia, the free encyclopedia
Scots law (or Scottish law) is the law of Scotland.
By 1560 the Reformation removed Papal authority and Canon Law jurisdiction was taken over by the Commissary Courts, whose jurisdiction, along with that of the Scottish Court of Exchequer was subsumed into that of the Court of Session in the 19th century.
It is worth noting that Feudal law has never existed in the Islands of Orkney and Shetland, which rather use a system called Udal Law, owing to their historic ties to Norway.
en.wikipedia.org /wiki/Scots_Law   (3189 words)

  
 [No title]
The law as applied in the islands was contained in a 'law-book' —a term used by northern writers to describe any written code of laws—and the law-book, which apparently contained not merely laws but decisions, is referred to in several decrees of the local courts and 'lawmen'.
An udal inheritance was divided amongst all the children, who took equally between them, the daughters' shares being one-half of those of the sons, and the latter being entitled to acquire their sisters' portions by purchase if they so wished.
In the absence of the law-book Udal Law as it affected Orkney and Shetland must be gathered from (a) its Norwegian origins, (b) later Scottish writers, and (c) the records of deeds and decrees.
www.angelfire.com /ak/rschmidt/UdalLaw.html   (2995 words)

  
 Landscape, Law and Justice - research
Udal law is the term commonly used to refer to survivals of ancient Norse law on Orkney and Shetland, traces of which are still to be found today more than 500 years after sovereignty over the islands passed from Denmark-Norway to Scotland.
Aspects of udal law which have continued to have significance until the 19th and 20th centuries are allodial tenure (absolute ownership of land), rights of kin and partible inheritance, scat (a form of taxation), scattalds (commonties), ownership of the foreshore and rights to salmon-fishing.
As a legal historian, he is interested in the development of the law in relation to the ownership and tenure of land, including the rules as regards succession to land, and in the impact that the law has had on land use and landscape.
www.cas.uio.no /Groups/lsclawjus/Research.htm   (4407 words)

  
 Udal Law - Wikipedia, the free encyclopedia
Udal law is a near-defunct Norse derived legal system, which was formerly found in Shetland and Orkney.
Scottish Courts have intermittently acknowledged the supremacy of Udal law in property cases up to the present day.
Currently, Scots law generally holds sway in Shetland and Orkney, along with European law.
en.wikipedia.org /wiki/Udal_Law   (89 words)

  
 Orkney Guide Book: Udal Law   (Site not responding. Last check: 2007-10-13)
Udal Law (ON odal, land held in allodial tenure), is the ancient Norse system of inheritance and law which the Viking settlers brought wherever they settled.
Udal Law was invoked in a 1965 attempt to keep the St Ninian's Isle Treasure in Shetland when the Crown claimed it as treasure trove.
The current debate about Udal Law has been fired by the attempt of the Crown estate to charge very large sums of "rent" for a new fibre optic cable which was to link Orkney and Shetland with Iceland and Scotland.
www.charles-tait.co.uk /guide/udal_law.html   (1472 words)

  
 Transblawg: Udal law and Orkney clapshot
The Shetland and Orkney Udal Law Group (SOUL) has a lot of information about the old Norse law system and the history of law in Shetland and Orkney (in the context of restoring udal law).
I've read about Norse udal law on the Orkneys before now, and the reason I haven't blogged this yet is that I know so little.
SOUL wants to restore udal law, but what the benefits of this are requires some understanding of Scottish land law, which is different from English law (I remember a rant by a Scottish lawyer saying equity is unnecessary).
www.margaret-marks.com /Transblawg/archives/000612.html   (660 words)

  
 William Gordon, 'Roman Law in Scotland' (1995).
The Roman law which has helped to shape the development of modern Scots law is mainly, if not exclusively, Roman law as revived and understood by the Glossators and thereafter as understood by the successive schools of Roman lawyers who applied themselves to study and application of the texts which survived from antiquity.
The evidence of use of Roman law continues throughout the four teenth century and there is greater evidence of its use in the secular courts as well as in the church courts in addition to the evidence of its use derived, for example, from documents.
The examination in Roman law required of intrants to the Faculty of Advocates seems to have become less rigorous in that the theses prepared were not necessarily the unaided work of the intrant and this particular part of the admission requirement was dropped in 1966.
iuscivile.com /materials/reprints/gordon-1.htm   (10147 words)

  
 ch32
Udal tenure is a form of tenure found in Orkney and Shetland.
Udal land was subject to an annual payment known as skat; since the passing of the Land Tenure Reform (Scotland) Act 1974 this has been subject to the same redemption provisions as feuduty (see para.
Under udal law, there is no requirement for written title deeds; a good title can be obtained by possession and succession.
www.ros.gov.uk /foi/legal/text/ch32.htm   (1991 words)

  
 The Case for Udal Law.   (Site not responding. Last check: 2007-10-13)
The definition of ‘udal’: There is an increasing awareness that under Shetland Udal Law, the Shetland Community owns the Sea and Seabed, directly from God, from Spring Low Ebb to the edge of Shetland’s Continental Shelf.
Scottish law, which for 400years has been used to suppress Shetland Law, now depends for its very survival on the success of Udal Law.
Udal Law means Shetland can control, manage and benefit from Shetland’s own waters and seabed.
www.udallaw.com /udalprogress.htm   (901 words)

  
 Devolution: 20 May 2003: House of Commons debates (TheyWorkForYou.com)
Udal law has an important history in the Orkney and Shetland isles, and I am sure that the hon.
With respect to the specific reservation in the Scotland Act, udal law is not reserved.
In general, land law is devolved to the Scottish Parliament.
www.theyworkforyou.com /debates?id=2003-05-20.832.3   (418 words)

  
 Wikinfo | Scots law   (Site not responding. Last check: 2007-10-13)
Scots law (or Scottish law) is the law of Scotland and the basis for the legal system in the Canadian province of Nova Scotia.
It is a legal system with ancient roots and has a basis in Roman law, combining features of both uncodified Civil law dating back to the Corpus Juris Civilis and common law with medieval sources.
Scots criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischeif, and public order offences such as mobbing and breach of the peace.
www.wikinfo.org /wiki.php?title=Scots_law   (3149 words)

  
 The Case for Udal Law.   (Site not responding. Last check: 2007-10-13)
The Privy Council order could be taken as confirming, rather than proscribing Udal Law, whatever the ulterior motives of the members of the Privy Council and James VI and I might have been.
1829 Chitty 1829 'Law of the Prerogatives of the Crown'.
It was a clear Court of Session attempt to suppress and replace Udal Law in Orkney and Shetland by Scots Law.
www.udallaw.com /chronology.htm   (3144 words)

  
 Culture of Scotland   (Site not responding. Last check: 2007-10-13)
Formerly, there were several regional law systems in Scotland, one of which was Udal Law (also called allodail or odal law) in Shetland and Orkney.
Despite this, Scottish courts have acknowledged the supremacy of udal law in some property cases as recently as the 1990s.
There is a movement to restore udal lawhttp://www.udallaw.com/ to the islands as part of a devolution of power from Edinburgh to Shetland and Orkney.
www.worldhistory.com /wiki/C/Culture-of-Scotland.htm   (1550 words)

  
 Scots law - Art History Online Reference and Guide   (Site not responding. Last check: 2007-10-13)
The development of Consumer law was marked by the Scottish case of Donoghue v.
In the majority of cases they present their client's case to the court, and while traditionally they did not have the right to appear before the higher courts, since 1992 they have been able to apply for extended rights, becoming solicitor / advocates.
Scottish Law Commission The Scottish Law Commission is in charge of proposlas for law reform in Scotland.
www.arthistoryclub.com /art_history/Scots_Law   (2388 words)

  
 Newsletter March 2003   (Site not responding. Last check: 2007-10-13)
It is what we would call customary law – you could draw a comparison with Maori customary law in New Zealand because that centres on patterns of land tenure and the use of the land.
Aspects of udal law that have continued to have significance in more recent times are allodial tenure – the ancient Norse system of inheritance and law which the Viking settlers brought to Shetland.
In mainland Britain, as in New Zealand, ownership of land extended to the High Water mark, but in Shetland (and Orkney) under udal law, this extended to the lowest spring ebb, together with rules relating to how far as a stone can be thrown, or a horse can be waded, or a salmon net thrown.
quicksitebuilder.cnet.com /sheba17/wellingtonshetlandsociety/id12.html   (2697 words)

  
 Take a BrainSip   (Site not responding. Last check: 2007-10-13)
'''Udal law''' is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney.
Scottish Courts have intermittently acknowledged the supremacy of Udal Law in property cases up to the present day.
Currently, Scots law generally holds sway in Shetland and Orkney, along with European law.
udal-law.brainsip.com   (86 words)

  
 Scotland   (Site not responding. Last check: 2007-10-13)
Exceptions include the Isle of Man, which is now a crown dependency outside the United Kingdom, Orkney and Shetland, which are Scottish rather than Danish, and Berwick-upon-Tweed, which was defined as subject to the laws of England by the 1746 Wales and Berwick Act.
Despite this, Scottish courts have acknowledged the supremacy of udal Law in some property cases as recently as the 1990s.
There is a movement to restore udal lawhttp://www.udallaw.com/ to the islands as part of a devolution of power from Edinburgh to Shetland and Orkney.
scotland.iqnaut.net   (4272 words)

  
 Electrolite: The past isn't dead, reprise.
As I vaguely understand, Scottish Law is based on Roman Law, and thus bears little resemblence to English Law or Napoleonic Law, such as influenced the laws of the United States (Nappy in Louisiana).
So the law as it stood then was that if the previous owner of the flat had never paid feuduty, I didn't have to even if the feudal owner (no idea who that is, no) showed up and claimed it.
Except, of course, that feudal law and the term feudalism are in and of themselves red herrings, and certainly have far less to do with non-nobles/fighting folk than with those ties of military obligation.
nielsenhayden.com /electrolite/archives/004600.html   (2706 words)

  
 languagehat.com: UDAL.
From Transblawg I learn of the word udal; in the OED's words, udal land or lands are "land(s) in Orkney or Shetland held by the old native form of freehold tenure." The word is the "Orkney and Shetland form of Norw.
I am reading the letter of James Teit (1864-1922) who was a Shetlander who emigrated to Canada in 1884.
He says is is Secretary of the Udal League of B.C. Do you know anything about this?
www.languagehat.com /archives/001107.php   (194 words)

  
 norse law at Business.com   (Site not responding. Last check: 2007-10-13)
Udal Law (ON odal, land held in allodial tenure), is the ancient Norse system of
The next morning, King Volsung met his son in-law on a field where a mighty...
Under Norse Law, all own their property under God.
www.business.com /popular/norse_law   (203 words)

  
 Definition of Scotland - Biocrawler   (Site not responding. Last check: 2007-10-13)
Exceptions include the Isle of Man, which is now a crown dependency outside the United Kingdom, Orkney and Shetland, which are Scottish rather than Norwegian, and Berwick-upon-Tweed, which was defined as subject to the laws of England by the 1746 Wales and Berwick Act.
Scotland retains its own unique legal system, based on Roman law, which combines features of both civil law and common law.
There is a movement to restore udal law[2] (http://www.udallaw.com/) to the islands as part of a devolution of power from Edinburgh to Shetland and Orkney.
www.biocrawler.com /biowiki/Scotland   (4389 words)

  
 The Journal : Jan 2003, Vol.48 Iss.1 : The Journal of the Law Society of Scotland
The Journal : Jan 2003, Vol.48 Iss.1 : The Journal of the Law Society of Scotland
EU roundup on civil law and competition law, and report of President’s welcome to Solicitor General at Brussels office
Copyright of Connect Communications (Scotland) Limited and The Law Society of Scotland 2007.
www.journalonline.co.uk /magazine/2003/1.aspx   (244 words)

  
 Middle East Open Encyclopedia: Scots Law   (Site not responding. Last check: 2007-10-13)
This is an extract from The Middle East Open Encyclopedia, made possible through the Wikimedia Foundation.
Iraq Museum International always displays the most recent published revision of the source article, Scots Law; all previous versions may be viewed here.
They link directly to authoring tools for you to start writing a particular article.
www.baghdadmuseum.org /ref/index.php?title=Scots_Law   (3321 words)

  
 I've got it -- it was Sir Peter Maxwell Davies in Orkney with a power line! | MetaFilter
There does seem to be a technicality with this Udal Law, though it's generally considered defunct.
At least he wasn't swan upping however Udal Law has been used in the past to justify swan offing
As has already been said several times, this is all about the status of British swans: in long-standing law (confirmed in the Wild Creatures and Forest Laws Act 1971) "all wild and unmarked swans on open water" belong to the Crown.
www.metafilter.com /mefi/40545   (1268 words)

  
 [No title]   (Site not responding. Last check: 2007-10-13)
THE LAW AS A VOCATION [MICROFORM] / BY FREDERICK J. [Boston : Vocation Bureau of Boston], c1913.
LAW, PRACTICE AND USAGE IN THE SOLICITOR'S PROFESSION [MICROFORM] : BEING A DIGEST OF DECISIONS OF THE COURTS AND OPINIONS, PRINCIPALLY OF THE COUNCIL OF THE LAW SOCIETY, AFFECTING SOLICITORS (EXCLUSIVE OF THE SOLICITORS' REMUNERATION ACT, 1881 AND THE SOLICITORS' ACT, 1888).
LAW, PRACTICE AND USAGE IN THE SOLICITOR'S PROFESSION [MICROFORM] : BEING A DIGEST OF DECISIONS OF THE COURTS AND OPINIONS, PRINCIPALLY OF THE COUNCIL OF THE LAW SOCIETY, AFFECTING SOLICITORS, EXCLUSIVE OF THE SOLICITORS' REMUNERATION ACT, 1881, AND THE SOLICITORS' ACTS, 1888 AND 1919.
law.uark.edu /library/acquisitions/2001/may01.htm   (10223 words)

  
 [No title]
Waukesha County Technical College -- History of Land Law
Lindh Stabell Horten (Norway) has expertise in allodial law
cites book: Laws on the acquisition procedures of allodial land.
www.paperadvantage.org /allodial.html   (358 words)

  
 I remember being taught about udal...: 20 May 2003: House of Commons debates (TheyWorkForYou.com)
I remember being taught about udal...: 20 May 2003: House of Commons debates (TheyWorkForYou.com)
See the whole debate « Previous speaker Next speaker »
About us Contact us Link to us House Rules Terms of use
www.theyworkforyou.com /debate?id=2003-05-20.832.8   (190 words)

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