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Commentaries on the Constitution and Laws of England, Incorporated With the ...
Thomas George Western
No preview available - 2019
action advantages aforesaid ancient appear appointed army assembly authority become bill body brought called cause circumstances civil claim common consent consequence constitution continued court crown danger deed defendant directed disposition effect England English entitled established execution exercise exist express extend fact force further enacted give given granted hands House hundred individuals influence interest issue judge judgment jury justice kind king king's kingdom lands less liberty limited Lords Majesty manner matter means mentioned nature necessary never observed obtained parliament party passed period person political possession prerogative present principles privilege proceedings protector Provided punishment recovery regard reign render rent respect rules settlement sovereign statute taken tenant in tail term thereof things tion trial unless vote whole writ
Page xlix - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Page xlvi - ... customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Page xliii - ... an act passed in the twelfth year of the reign of King Charles the Second, intituled " An Act for taking away the court of wards and liveries, and tenures in capite and by knight's service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof...
Page 477 - ... every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Page xxxviii - ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page xlix - That where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication.
Page xlvii - And be it further enacted, that no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Page xlvii - That no person shall, on account of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of such will, or a witness to prove the validity or invalidity thereof.
Page xliii - An Act for the Amendment of the Law and the better Advancement of Justice," and of an act passed in the parliament of Ireland in the sixth year of the reign of Queen Anne, intituled " An Act for the Amendment of the Law and the better Advancement of Justice...
Page 120 - Will you to the utmost of your power maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion, established by law ; and will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain to them or any of them ? QUEEN. — All this I promise to do.