Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King, 1791 - Law |
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Page 12
... fame . As if the landlord distreins two oxen for twelvepence rent ; the taking of both is an unrea- fonable distress ; but , if there were no other distress nearer the value to be found , he might reasonably have distreined one of them ...
... fame . As if the landlord distreins two oxen for twelvepence rent ; the taking of both is an unrea- fonable distress ; but , if there were no other distress nearer the value to be found , he might reasonably have distreined one of them ...
Page 14
... fame to be appraised by two fworn appraisers , and fell the fame towards fatisfaction of the rent and charges ; rendering the overplus , if any , to the owner himself . And , by this means , a full and entire fatisfaction may now be had ...
... fame to be appraised by two fworn appraisers , and fell the fame towards fatisfaction of the rent and charges ; rendering the overplus , if any , to the owner himself . And , by this means , a full and entire fatisfaction may now be had ...
Page 20
... fame perfon ; which defeasible eftate must be caft upon the tenant , not gained by his own act or folly . The reafon given by Littleton " , why this remedy , which operates filently and by the mere act of law , was allowed , is fomewhat ...
... fame perfon ; which defeasible eftate must be caft upon the tenant , not gained by his own act or folly . The reafon given by Littleton " , why this remedy , which operates filently and by the mere act of law , was allowed , is fomewhat ...
Page 32
... fame time the most expeditious , court of juftice known to the law of England is the court of piepoudre , curia pedis pulverizați : so called from the dusty feet of the fuitors ; or according to fir Edward Coked , because juftice is ...
... fame time the most expeditious , court of juftice known to the law of England is the court of piepoudre , curia pedis pulverizați : so called from the dusty feet of the fuitors ; or according to fir Edward Coked , because juftice is ...
Page 33
... fame day , unless the fair continues longer . The court hath cognizance of all matters of contract that can poffibly arife within the pre- cinct of that fair or market ; and the plaintiff muft make oath that the cause of an action arose ...
... fame day , unless the fair continues longer . The court hath cognizance of all matters of contract that can poffibly arife within the pre- cinct of that fair or market ; and the plaintiff muft make oath that the cause of an action arose ...
Common terms and phrases
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke Eliz entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muſt nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpect remedy ſhall ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 313 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Page 340 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Page 2 - ... or the rights of persons; or they are, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are styled " jura rerum,
Page 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Page 159 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 130 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Page 28 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Page 377 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Page 109 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military or maritime tribunals, are for that very reason within the cognizance of the common law courts of justice; for it is a settled and invariable...