Commentaries on the Laws of England: In Four Books, Volume 2G.W. Childs, 1866 - Great Britain |
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Page 11
... pleading .......... .. Page 293-313 ............ CHAPTER XXI . ......... 314 to 817 OF ISSUE AND DEMURRER . 1. Issue is where the parties , in a course of pleading , come to a point affirmed on one side and denied on the other : which ...
... pleading .......... .. Page 293-313 ............ CHAPTER XXI . ......... 314 to 817 OF ISSUE AND DEMURRER . 1. Issue is where the parties , in a course of pleading , come to a point affirmed on one side and denied on the other : which ...
Page 15
... plead that it was inserted without malice or gross negligence , and that an apology had been offered to be published . The defendant may with the plea pay money into court as amends . By s . 4 , the offer of apology is admissible in ...
... plead that it was inserted without malice or gross negligence , and that an apology had been offered to be published . The defendant may with the plea pay money into court as amends . By s . 4 , the offer of apology is admissible in ...
Page 22
... plead by his attorney or clerk in court . 1 Chitty's Crim . Law . But an attorney has no right to be present during the investigation of a charge of felony before a magistrate against his client . 3 B. & A. 432 ; and see 1 B. & C. 37 ...
... plead by his attorney or clerk in court . 1 Chitty's Crim . Law . But an attorney has no right to be present during the investigation of a charge of felony before a magistrate against his client . 3 B. & A. 432 ; and see 1 B. & C. 37 ...
Page 23
... pleading , and audience in the court of Common Pleas . Immemorial enjoyment is the most solid of all titles ; and we ... plead in court for a prisoner , or a de- fendant in a criminal prosecution , without a license , -which is never ...
... pleading , and audience in the court of Common Pleas . Immemorial enjoyment is the most solid of all titles ; and we ... plead in court for a prisoner , or a de- fendant in a criminal prosecution , without a license , -which is never ...
Page 35
... plead one another , or any stranger , in the same kind of common - law actions ( where the personalty only is concerned ) as are prosecuted in the court of com mon pleas . This gives original to the common - law part of their ...
... plead one another , or any stranger , in the same kind of common - law actions ( where the personalty only is concerned ) as are prosecuted in the court of com mon pleas . This gives original to the common - law part of their ...
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Common terms and phrases
action of trespass aforesaid afterwards antient appear assize assumpsit attorney benefit of clergy cause chancellor chancery Charles Long chattels civil cognizance committed common law common pleas convicted court of chancery court of equity court of king's crime criminal crown damages death debt declaration defendant detinue distrained distress East ecclesiastical Eliz enacted England 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 owner 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 53 - States shall be divided or appropriated : of granting letters of marque and reprisal, in times of peace : appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures ; provided, that no member of congress shall be appointed a judge of any of the said courts.
Page 461 - 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 76 - Majesty's dominions, to take cognizance of, and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships and goods, that are or shall be taken, and to hear and determine the same ; and.
Page 83 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 461 - 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 436 - 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 149 - ... 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.
Page 79 - Exchequer; directed to the judge and parties, of a suit in any inferior court, commanding them to cease from the prosecution thereof, upon a suggestion , that either the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court.
Page 440 - I mean the due regulation and domestic order of the kingdom, whereby the individuals of the state, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood and good manners, and to be decent, industrious and inoffensive in their respective stations.
Page 384 - ... if war be actually levied, that is, if a body of men be 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.