Commentaries on the Laws of England, Volume 2Bancroft-Whitney, 1916 - Law |
From inside the book
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Page 1456
... reason and the construction of law .. 153 11. Breaches of contracts implied in the nature of government are by the nonpayment of money which the laws have directed to be paid . Remedy by action of debt ( which , in such cases , is ...
... reason and the construction of law .. 153 11. Breaches of contracts implied in the nature of government are by the nonpayment of money which the laws have directed to be paid . Remedy by action of debt ( which , in such cases , is ...
Page 1493
... reason for this is obvious ; since it may frequently happen that the owner may have this only opportunity of doing himself justice : his goods may be afterwards conveyed away or destroyed ; and his wife , children or servants 3 Inst ...
... reason for this is obvious ; since it may frequently happen that the owner may have this only opportunity of doing himself justice : his goods may be afterwards conveyed away or destroyed ; and his wife , children or servants 3 Inst ...
Page 1502
... reason why these and the tools of a man's trade were privileged at the common law , was because the distress was then merely intended to compel the payment of the rent , anJ not as a satisfaction for its nonpayment : and therefore , to ...
... reason why these and the tools of a man's trade were privileged at the common law , was because the distress was then merely intended to compel the payment of the rent , anJ not as a satisfaction for its nonpayment : and therefore , to ...
Page 1510
... reasons . The first reason , of course , has long ceased to exist , and the second would now , it seems , be disregarded . A cause of action may indeed be settled and extinguished with- out any previous binding agreement ; and if with ...
... reasons . The first reason , of course , has long ceased to exist , and the second would now , it seems , be disregarded . A cause of action may indeed be settled and extinguished with- out any previous binding agreement ; and if with ...
Page 1512
... reason why an arbitrator's award could not transfer the title to land , it is hardly necessary to invoke feudal principles , or a nonexistent dependence on the consent of the superior . The reason was the same that prevented land ...
... reason why an arbitrator's award could not transfer the title to land , it is hardly necessary to invoke feudal principles , or a nonexistent dependence on the consent of the superior . The reason was the same that prevented land ...
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Other editions - View all
Common terms and phrases
abatement action of trespass admiralty ancient appeal assize assumpsit Blackstone breach brought called chancellor chancery CHAPTER chattels civil clergy cognizance committed common law common pleas contract court of chancery court of chivalry court of equity court of king's courts of common crown defendant deforcement determined detinue disseisin distrained distress ecclesiastical courts Edward ejectment England exchequer fact fee simple felony Finch freehold habeas corpus hath Henry VIII Hist Ibid imprisonment injury Inst issue judge judgment jurisdiction jury justice king king's bench land liable Litt lord matter nature nuisance offense original ouster owner parliament party Penalty person plaintiff pleading possession principle proceedings prosecution punishment real actions reason redress remedy rent replevin rule seisin sheriff species star paging Stat statute suit tenant tion trial verdict Westm wherein writ of entry writ of error writ of right wrong
Popular passages
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...