Commentaries on the Laws of England: In Four Books, Volume 2G.W. Childs, 1867 - Law |
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... hath the property , but who never had the pos- session 9. The universal remedy for all these is restitution or delivery of possession , and , sometimes , damages for the de- tention . This is effected , I. By mere entry . II . By action ...
... hath the property , but who never had the pos- session 9. The universal remedy for all these is restitution or delivery of possession , and , sometimes , damages for the de- tention . This is effected , I. By mere entry . II . By action ...
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... hath , I. An immediate inte- rest ( as , by right of common ) in the lands . II . The remainder or rever- sion of the inheritance 2. The remedies , for a commoner , are , restitution , and damages ; by assise of common : or , damages ...
... hath , I. An immediate inte- rest ( as , by right of common ) in the lands . II . The remainder or rever- sion of the inheritance 2. The remedies , for a commoner , are , restitution , and damages ; by assise of common : or , damages ...
Page 19
... hath the true property or jus proprieta- tis in lands , but is out of possession thereof , and hath no right to enter with out recovering possession in an action , hath afterwards the freehold cast upon him by some subsequent , and of ...
... hath the true property or jus proprieta- tis in lands , but is out of possession thereof , and hath no right to enter with out recovering possession in an action , hath afterwards the freehold cast upon him by some subsequent , and of ...
Page 23
... hath not discretion to enable him to appoint a proper substi- [ " 26 } tute ; and upon his being brought before the court in so defence- Tess a condition , the judges are bound to take care of his interests , and they shall admit the ...
... hath not discretion to enable him to appoint a proper substi- [ " 26 } tute ; and upon his being brought before the court in so defence- Tess a condition , the judges are bound to take care of his interests , and they shall admit the ...
Page 34
... hath committed his whole judicial authority ( q ) ( 6 ) . This court , which ( as we have said ) is the remnant of the aula regia , is not , nor can be , from the very nature and constitution of it , fixed to any certain place , but may ...
... hath committed his whole judicial authority ( q ) ( 6 ) . This court , which ( as we have said ) is the remnant of the aula regia , is not , nor can be , from the very nature and constitution of it , fixed to any certain place , but may ...
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Common terms and phrases
aforesaid ancient assise assumpsit bail benefit of clergy bill Burr cause chancery Charles Long chattels civil cognizance committed common law convicted court of chancery court of equity 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 Ibid imprisonment indictment injury Inst intent issue judge judgment jurisdiction jury justice kill king king's bench lands larceny liable Litt lord matter ment misdemeanor murder nature New-York nuisance oath offence owner parliament party penalties person plaintiff plead possession praemunire prisoner proceedings prosecution punishment reason recover remedy rent repealed replevin Salk Saund seisin sheriff species Stat statute steal Stra sufficient suit Taunt tenant therein thereof Tidd tion trial unless verdict William Kent Wils witnesses writ of right
Popular passages
Page 147 - 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 113 - The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press, but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity.
Page 41 - ... receive the sacrament of the Lord's supper, according to the usage of the Church of England...
Page 36 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 113 - To subject the press to the restrictive power of .a licenser, as was formerly done, both before and since, the revolution (a), is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 168 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
Page 82 - I. a command, issuing in the king's name from the Court of King's Bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions ; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the Court of King's Bench has previously determined, or at least supposes to be consonant to right and justice.
Page 1 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 4 - That private wrongs or civil injuries are an infringement or privation of the civil rights which belong to individuals, considered merely as individuals; public wrongs, or crimes and misdemeanors, are a breach and violation of the public rights and duties due to the whole community, considered as a community in its social aggregate capacity.
Page 129 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.