Abridgment of Blackstone's Commentaries |
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Page 221
William Blackstone, William Cyrus Sprague. to the plaintiff . 2 , A fine " sur cognizance de droit tantum , " or upon acknowledgment of the right merely ; not with the circumstance of a pre- ceding gift from the cognizor . This is ...
William Blackstone, William Cyrus Sprague. to the plaintiff . 2 , A fine " sur cognizance de droit tantum , " or upon acknowledgment of the right merely ; not with the circumstance of a pre- ceding gift from the cognizor . This is ...
Page 245
... plaintiff has no cer- tain demand till after verdict ; but , when the jury has assessed his dam- ages , and judgment is given thereupon , whether they amount to twenty pound or twenty shillings , he instantly acquires , and the ...
... plaintiff has no cer- tain demand till after verdict ; but , when the jury has assessed his dam- ages , and judgment is given thereupon , whether they amount to twenty pound or twenty shillings , he instantly acquires , and the ...
Page 255
... plaintiff , on an action or suit at law , this is a contract of the highest nature , being established by the sentence of a court of judicature . Debts upon recognizance are also a sum of money , recognized or acknowledged to be due to ...
... plaintiff , on an action or suit at law , this is a contract of the highest nature , being established by the sentence of a court of judicature . Debts upon recognizance are also a sum of money , recognized or acknowledged to be due to ...
Page 284
... plaintiff , who complains of an injury done ; the reus , or defendant , who is called upon to make satisfaction for it ; and the judex , or judicial power , which is to examine the truth of the fact , to determine the law arising upon ...
... plaintiff , who complains of an injury done ; the reus , or defendant , who is called upon to make satisfaction for it ; and the judex , or judicial power , which is to examine the truth of the fact , to determine the law arising upon ...
Page 286
... plaintiff must make oath that the cause of action arose there . From this court a writ of error lies , in the nature of an appeal , to the courts of Westminster . THE COURT - BARON . II . The court - baron is a court incident to every ...
... plaintiff must make oath that the cause of action arose there . From this court a writ of error lies , in the nature of an appeal , to the courts of Westminster . THE COURT - BARON . II . The court - baron is a court incident to every ...
Common terms and phrases
act of parliament action afterwards alienation antient attainted bill breach called cause CHAPTER chattels civil committed common law consider contract conveyance corporations court of chancery court of equity court-leet coverture crime crown custom damages death debt declared deed defendant descend determined detinue distrained ecclesiastical emblements escheat execution executor fee-simple felony feodal feoffment forfeiture former freehold grant hath heirs held hereditaments husband imprisonment indictment inheritance injury issue joint-tenants judges judgment jurisdiction jury justice king king's bench knight-service lands law of England lease liberty lord manor marriage matter ment nature oath offence original owner party peace person plaintiff plea plead possession principal prisoner prosecution punishment reason recover remainder remedy rent rule seised seisin sheriff Sir Edward Coke species statute suit tenant tenements tenure therein thing tion trespass trial unless usually verdict vested villein villenage whereby wife words writ
Popular passages
Page 78 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 438 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications — and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press : but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Page 438 - 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 37 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is intrusted by the constitution of these kingdoms.
Page 100 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 10 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 4 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 80 - Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in the case of any gross misbehaviour.
Page 35 - In the legislature the people are a check upon the nobility, and the nobility a check upon the people, by the mutual privilege of rejecting what the other has resolved; while the king is a check upon both, which preserves the executive power from encroachments. And this very executive power is again checked and kept within due bounds by the two houses, through the privilege they have of inquiring into, impeaching, and punishing the conduct (not indeed of the king, which would destroy his constitutional...
Page 451 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.