Commentaries on the Laws of England, Volume 2

Front Cover
Bancroft-Whitney, 1916 - English law - 2770 pages

From inside the book

Contents

321
1852
CHAPTER XVIII
1853
Of the Pursuit of Remedies by Action and First of the Original Writ 270
1854
a Præcipe 274
1859
Of Process 279
1865
358
1871
366
1877
Of Pleading 293
1881
294
1883
379
1889
381
1890
393
1896
405
1902
b New assignment 311
1907
Of Issue and Demurrer 314
1911
Of the Several Species of Trial 325
1922
a In case of infancy of cognizor 332
1929
446
1936
456
1945
Of the Trial by Jury 349
1948
465
1951
i Challenging the jury
1958
iv Jury sworn
1966
490
1979
498
1985
510
1998
514
2006
522
2012
Of Judgment and Its Incidents 386
2015
528
2018
534
2026
Of Execution 412
2028
Of Proceedings in the Courts of Equity 426
2043
SUPPLEMENTARY CHAPTER Conflict of Laws 2081
2081
Of Principals and Accessories 34
2201
Of Offenses Against God and Religion 41
2208
Of Offenses Against the Law of Nations 66
2236
Of High Treason 74
2244
Of Felonies Injurious to the Kings Prerogative 94
2270
Of Præmunire 103
2276
Of Misprisions and Contempts Affecting the King and Gov ernment 119
2292
Of Offenses Against Public Justice 127
2302
Of Offenses Against the Public Peace 142
2326
Of Offenses Against Public Trade 154
2340
Of Offenses Against the Public Health and the Public Police or Economy 161
2353
Of Homicide 176
2371
295
2402
Of Offenses Against the Persons of Individuals 205
2411
Of Offenses Against the Habitations of Individuals 220
2427
Of Offenses Against Private Property 229
2437
Of the Means of Preventing Offenses 251
2466
Of Courts of a Criminal Jurisdiction 258
2474
Of Summary Convictions 280
2497
Of Arrests 289
2509
Of Commitment and Bail 296
2519
Of the Several Modes of Prosecution 301
2524
Of Process upon an Indictment 318
2549
Of Arraignment and Its Incidents 322
2554
Of Plea and Issue 332
2565
Of Trial and Conviction 342
2578
Of the Benefit of Clergy 365
2607
Of Judgment and Its Consequences 375
2618
Of Reversal of Judgment 390
2635
Of Reprieve and Pardon 394
2639
Of Execution 403
2649
Of the Rise Progress and Gradual Improvements of the Laws of England 407
2654
code pleading
2714
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Page 1777 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Page 2372 - 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 2043 - Equity is a Roguish thing, for Law we have a measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'Tis all one as if they should make the Standard for the measure, we call [a Foot] a Chancellor's Foot, what an uncertain Measure would this be?
Page 2321 - ... for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, spent or unlawfully transferred any property or secreted or destroyed any document belonging to a bankrupt estate which came into his charge as trustee.
Page 2317 - But to punish as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 1780 - ... anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another, (a) We will therefore, first, mark out the several kinds of nuisances, and then their respective remedies.
Page 2410 - There must, in general, be an actual breaking, not a mere legal clausum, fregit, breaking the close (by leaping over invisible ideal boundaries, which may constitute a civil trespass), but a substantial and forcible irruption ; as at least by breaking, or taking out the glass of, or otherwise opening, a window; picking a lock, or opening it with a key; nay, by lifting up the latch of a door, or unloosing any other fastening which the owner has provided.
Page 1554 - He is the general guardian of all infants, idiots and lunatics ; and has the general superintendence of all charitable uses in the kingdom. And all this over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the court of chancery...
Page 2374 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Page 1587 - ... it cometh to pass upon the loss or perishing of any ship, there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavily upon few and rather upon them that adventure not than those that do adventure, whereby all merchants especially of the younger sort, are allured to venture more willingly and more freely...

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