Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
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Page 56
... commission all round the kingdom , ( except London and Middlesex , where courts of nifi prius are holden in and after every term , before the chief or other judge of the several superior courts ( 7 ) ; and except the four northern ...
... commission all round the kingdom , ( except London and Middlesex , where courts of nifi prius are holden in and after every term , before the chief or other judge of the several superior courts ( 7 ) ; and except the four northern ...
Page 58
... commission of affife , directed to the jufti- ces and ferjeants therein named , to take ( together with their affociates ) affifes in the feveral counties ; that is , to take the verdict of a peculiar fpecies of jury , called an affife ...
... commission of affife , directed to the jufti- ces and ferjeants therein named , to take ( together with their affociates ) affifes in the feveral counties ; that is , to take the verdict of a peculiar fpecies of jury , called an affife ...
Page 59
... commissions are constantly accompanied by writs of affociation , in pursuance of the ftatutes of Edward I and II before mentioned ; whereby [ 59 * ] certain perfons ( ufually the clerk of affife and his fubordinate officers ) are ...
... commissions are constantly accompanied by writs of affociation , in pursuance of the ftatutes of Edward I and II before mentioned ; whereby [ 59 * ] certain perfons ( ufually the clerk of affife and his fubordinate officers ) are ...
Page 67
... COMMISSION of review is a commiffion sometimes granted , in extraordinary cafes , to revise the sentence of the Court of delegates ; when it is apprehended they have been led into a material error . This commiflion the king may grant ...
... COMMISSION of review is a commiffion sometimes granted , in extraordinary cafes , to revise the sentence of the Court of delegates ; when it is apprehended they have been led into a material error . This commiflion the king may grant ...
Page 70
... commissions : and such an addition became indeed totally unnecessary in the course of the war which commenced in 1756 ; fince , during the whole of that war , the commission of appeals was regularly attended and all it's decifions ...
... commissions : and such an addition became indeed totally unnecessary in the course of the war which commenced in 1756 ; fince , during the whole of that war , the commission of appeals was regularly attended and all it's decifions ...
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Common terms and phrases
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of common court of equity damages debt defendant deforcement detinue diftrefs diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed eſtate faid faid William fame fatisfaction fecond feems fhall fheriff fhould fince Finch firft firſt fome fpecies freehold ftated ftatute fubject fuch fufficient fuit fummon fuppofed hath himſelf houſe iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reaſon recover redreſs remedy reſpective ſaid ſhall ſpecial ſtate ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein witneffes writ of right
Popular passages
Page 368 - And herein they state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding conditionally, that if upon the whole matter the court should be of opinion that the plaintiff had cause of action, they then find for the plaintiff; if otherwise, then for the defendant.
Page 158 - ... him, to perform it with integrity, diligence and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 210 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Page 99 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds...
Page 448 - Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 127 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could not upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the king, or by the lords of the privy council.
Page 378 - A new trial is a rehearing of the cause before another jury; but with as little prejudice to either party, as if it had never been heard before.
Page 348 - Challenges to the array are at once an exception to the whole panel, in which the jury are arrayed or set in order by the sheriff in his return ; and they may be made upon account of partiality or some default in the sheriff, or his under-officer who arrayed the panel.
Page 30 - This was formerly held every three weeks; and its most important business is to determine, by writ of right, all controversies relating to the right of lands within the manor.