A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench: Common Pleas, Exchequer, and at Nisi Prius ; and of the Rules of Court, from the Restoration in 1660, to Michaelmas Term, 4 Geo. IV. With Important Manuscript Cases, Alphabetically, Chronologically, and Systematically Arranged and Translated ; with Copius Notes and References to the Year Books, Analogous Adjudications, Text Writers, and Statutes, Specifying what Decisions Have Been Affirmed, Recognised, Qualified, Or Over-ruled ; Comprising a Practical Treatise on the Different Branches of the Common Law, Volume 14Treadway, 1831 - Law |
Common terms and phrases
act of parliament action affidavit afterwards amended appear apprentice assigned assumpsit attorney bail bailiff bond Burr cause certificate certiorari charge Common Pleas common recovery contract costs Court held Court of King's custody debt declaration deed defendant delivered discharge East Eliz enacted entitled evidence execution felony fieri facias freehold gained a settlement given granted heirs hiring holden husband indenture indictment issue judgment jurisdiction jury justices King's Bench lands latitat Lord Lord Ellenborough Lord Mansfield master ment notice offence order of removal parish party pauper person plaintiff pleaded prisoner proceedings prohibition quarter sessions quashed quo warranto Raym recognizance recover RELATIVE remainder rent replevin replication residence rule Salk Saund scire facias seisin servant set-off sheriff ship Slander stat statute Stra sufficient suit Taunt tenant term tion verdict vouchee warrant wife words writ of right
Popular passages
Page 162 - For, unless the freehold pass out of the grantor at the time when the remainder is created, such freehold remainder is void ; it cannot pass out of him, without vesting somewhere ; and, in the case of a contingent remainder, it must vest in the particular tenant, else it can vest no where ; unless, therefore, the estate of...
Page 285 - William was driving a drift pin, a small piece of the frayed head of it flew off and struck the plaintiff in the eye, and destroyed its sight. This suit is brought by the plaintiff to recover damages for the loss of his eye. The negligence imputed to the defendant company is its failure to provide proper drift pins for the work, the claim being that those which were provided were battered and frayed on the head by the hammering incidental to their use.
Page 67 - Queen, or because there is no other wharf in that port, as it may fall out where a port is newly erected ; in that case there cannot be taken arbitrary and excessive duties for cranage, wharfage, pesage, etc., neither can they be enhanced to an immoderate rate ; but the duties must be reasonable and moderate, though settled by the King's license or charter.
Page 147 - A. on the bond, he may plead the covenant by way of release. But if A. and B. be jointly and severally bound to C. in a sum certain, and C. covenant with A. not to sue him, that shall not be a release, but a covenant only; because he covenants only not to sue A., but does not covenant not to sue B.: for the covenant is not a release in its nature, but only by construction to avoid circuity of action...
Page 344 - ... notice shall be given to the overseers of the poor of the parish or place in which such child shall be intended to serve an apprenticeship, before...
Page 251 - Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common Gaol, or House of Correction...
Page 355 - ... unless such tenement shall consist of a separate and distinct dwelling-house or building, or of land, or of both, bond fide rented by such person, in such parish or township, at and for the sum of 10/. a year, at the least...
Page 251 - ... such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned with or without hard labour in the common gaol or house of correction, for any term not exceeding two years ; and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.
Page 154 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become Vacant before the estate limited in remainder determines, universally diatinguisbea a vested remainder from one that is contingent; FtMrn.
Page 356 - ... nor unless such house or building, or land, shall be occupied under such yearly hiring, and the rent for the same to the amount of ten pounds actually paid for the term of one whole year at the least...