Commentaries on the Laws of England, Volume 2

Front Cover
Bancroft-Whitney, 1916 - Law

From inside the book

Contents

267
1439
296
1440
322
1441
352
1442
475
1446
Tabular View of Book III xlv
1449
Blackstones Analysis of Book IV lxv
1451
domestic rela
1453
CHAPTER XIV
1459
CHAPTER XIX
1461
b New assignment 311
1462
Of the Nature of Crimes and Their Punishment 1
1469
Parties 1
1489
a Injuries for which distress allowed 6
1498
bb Care of animals impounded 13
1506
b Redress by joint act of parties concerned 15
1509
Of Redress by the Mere Operation of Law 18
1514
b Remitter 19
1516
Of Courts in General 22
1519
a Courts of record 24
1524
Of the Public Courts of Common Law and Equity 30
1533
Early judicial systems 30
1534
b Common pleas established 38
1548
b Appellate jurisdiction of the kings bench 44
1554
6 Damages
1564
67
1566
Review of the English judiciary system
1573
77
1579
Court of admiralty
1585
Of Courts of a Special Jurisdiction 71
1588
The commissioners of sewers
1590
78
1596
Of the Cognizance of Private Wrongs 86
1604
5 Dilapidations
1610
492
1614
118
1617
excommunication
1622
127
1628
133
1635
Of Wrongs and Their Remedies Respecting the Rights of Persons 115
1640
136
1645
145
1651
d By wounding
1655
155
1661
162
1668
habeas corpus ad sub
1676
88
1683
Interference with domestic relations
1684
494
1689
Interference with business or employment
1690
Of Injuries to Personal Property 144
1697
Hazardous character of remedy by dis
1702
150
1703
202
1710
3 Action of assumpsit
1716
213
1722
221
1728
CHAPTER X
1735
Of Injuries to Real Property and First of Dispossession or Ouster of the Freehold 167
1736
229
1741
a When right of entry not barred by
1747
242
1753
246
1760
253
1766
Of Dispossession or Ouster of Chattels Real 198
1770
261
1772
7 Utility of ejectment
1778
Of Trespass 208
1781
278
1786
Of Nuisance 216
1790
3 Nuisances to other corporeal hereditaments 218
1792
Of Waste 223
1799
1 Action on the case
1842
Review of civil injuries and their remedies
1843
Of the Pursuit of Remedies by Action and First of the Original Writ 270
1854
345
1860
Of Process 279
1865
496
1870
358
1871
366
1877
Of Pleading 293
1881
294
1883
379
1889
381
1890
393
1896
168
1902
e Conclusion of pleading 313
1910
Of Issue and Demurrer 314
1911
Of the Several Species of Trial 325
1922
a In case of infancy of cognizor 332
1929
445 a History of wager of battle 338
1935
b Procedure in wager of law 343
1941
CHAPTER XXIII
1947
Of the Trial by Jury 349
1948
a Compulsory attendance of jurors 354
1953
497
1961
development of the rules of evidence 367n
1969
dd Hearsay evidence
1976
Oath of witnesses
1982
503
1988
b Arrest of judgment 393
2006
f Final judgments 398
2012
Of Judgment and Its Incidents 386
2015
a Amendment of judgments 406
2021
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
169
2316
Öf Offenses Against the Public Peace 142
2326
Of Offenses Against Public Trade 154
2340
169n
2341
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
2708
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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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