Books 3 & 4Childs & Peterson, 1860 - Law |
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Page 8
... suit in courts .. 5. Redress by the mere act of the parties is that which arises , I. From the sole act of the party ... suit or service , for amerce- ments , for damage , or for divers statu- table penalties , -made of such things only ...
... suit in courts .. 5. Redress by the mere act of the parties is that which arises , I. From the sole act of the party ... suit or service , for amerce- ments , for damage , or for divers statu- table penalties , -made of such things only ...
Page 9
... suit to compel their pay- ment , or an equivalent ; and also their double value . II . Non - payment of ec- clesiastical dues . Remedy : by suit for payment . III . Spoliation . Remedy : by suit for restitution . IV . Dilapidations ...
... suit to compel their pay- ment , or an equivalent ; and also their double value . II . Non - payment of ec- clesiastical dues . Remedy : by suit for payment . III . Spoliation . Remedy : by suit for restitution . IV . Dilapidations ...
Page 11
... suits , ) the orderly parts are , I. The original writ . II . The pro- cess . III . The pleadings . IV . The issue or ... suit , and is either op- tional , ( called a præcipe , ) commanding the defendant to do something in certain , or ...
... suits , ) the orderly parts are , I. The original writ . II . The pro- cess . III . The pleadings . IV . The issue or ... suit , and is either op- tional , ( called a præcipe , ) commanding the defendant to do something in certain , or ...
Page viii
... suit or action . For which reason our chief employment in this book will be to consider the redress of private wrongs by suit or action in courts . But as there are certain injuries of such a nature that some of them furnish and others ...
... suit or action . For which reason our chief employment in this book will be to consider the redress of private wrongs by suit or action in courts . But as there are certain injuries of such a nature that some of them furnish and others ...
Page 12
... suit and service , as also for parliamentary wages , it is said that no distress can be excessive . ( i ) For , as these distresses cannot be sold , the owner , upon making satisfaction , may have his chattels again . The remedy for ...
... suit and service , as also for parliamentary wages , it is said that no distress can be excessive . ( i ) For , as these distresses cannot be sold , the owner , upon making satisfaction , may have his chattels again . The remedy for ...
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Common terms and phrases
aforesaid afterwards antient appear assize assumpsit attorney benefit of clergy Burr cause chancellor chancery Charles Long chattels civil cognizance committed common law Common Pleas convicted court of chancery court of equity court of king's courts of common crime criminal crown damages death debt declaration defendant detinue distrained distress East ecclesiastical Eliz enacted entry evidence execution felony forfeiture guilty habeas corpus hath Hawk high treason Ibid imprisonment indictment injury Inst intent issue judge judgment jurisdiction jury justice kill king King's Bench land larceny liable Litt lord matter ment misdemeanour murder nature nuisance oath offence parliament party penalties person plaintiff plead possession prisoner proceedings prosecution punishment Raym reason recover remedy rent repealed seisin sheriff species stat statute Stra sufficient suit tenant therein thereof trial unless verdict Vict Westminster William Kent witnesses writ of right
Popular passages
Page 457 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Page 380 - It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 49 - That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.
Page 429 - But to punish, as the law does at present, any dangerous or offensive writings which when published shall on a fair and impartial trial' be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 121 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 457 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 437 - England by any other than a subject of his majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 432 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 216 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 145 - ... obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.