Commentaries on the Laws of England, Volume 2

Front Cover
J.D. Parsons, jr., 1875 - Law

From inside the book

Contents

WRONGS TO PERSONAL PROPERTY
72
A SUIT IN CHANCERY
78
General orders of the Court
84
Notice of motion for decree
90
CHAPTER VII
97
CHAPTER VIII
106
THE RIGHTS OF PERSONS CHAP
108
to
109
The Absolute Rights of Individuals
125
CHAPTER IX
129
154
138
consideration for bill
159
certain contracts of loan and insurance
166
Contracts not required to be in writing
180
to land carrier of goods
191
Destroying goods in process of manufacture c
192
WRONGS TO REAL PROPERTY
207
OFFENCES AGAINST THE PUBLIC HEALTH AND SAFETY
208
Redress by suit in court
241
JURISDICTION OF THE SUPERIOR COURTS OF
265
inquest of office
274
The Sovereigns Duties
281
The High Court of Admiralty
305
To corporeal hereditaments
308
ECCLESIASTICAL COURTS
309
The County Court and some other Courts of Limited
311
The constituent parts of a court
317
The Royal Prerogatives
320
106
327
BOOK IV
331
CHAPTER II
339
Act done by misfortune or mischance
347
CHAPTER III
353
CHAPTER IV
359
The arraignment and its incidents
363
OFFENCES AGAINST RELIGION Continued
364
The Clergy
367
to 26
369
Witchcraft
376
Offences against the Law of Nations
378
CHAPTER VII
383
Origin and progress of papal usurpation
389
Felony against the sovereign
395
Concealing treasuretrove
406
30
407
Administering unlawful oaths
413
Offences against Public Justice
415
to 16
432
A question of legitimacy or of pedigree how determined
433
to 52 31 to 58
441
There must be a vicious will and unlawful act consequent
451
Offences against the public health and safety 194198
459
Drunkenness
466
Offences against the Person 209
469
Felonious Homicide
476
CHAPTER XIV
503
dogs or fish
521
Receiving stolen goods
535
THE MEANS OF PREVENTING OFFENCES
544

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Popular passages

Page 445 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Page 342 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 383 - 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 447 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publication, 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 389 - Treason, but by and upon the Oaths and Testimony of Two lawful Witnesses, either both of them to the same Overt Act, or one of them to one, and the other of them to another Overt Act of the same Treason...
Page 621 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 448 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, 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 337 - An involuntary act, as it has no claim to merit, so neither can it induce any guilt : the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete crime cognizable by human laws, there must be both a will and an act.
Page 528 - ... any chattel or valuable security, or any power of attorney for the sale or transfer of any share or interest in any public stock or fund, whether of...
Page 197 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.

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