Commentaries on the Laws of England: In Four Books, Volume 1

Front Cover
Callaghan, 1872 - Law

From inside the book

Contents

SECTION II
21
may be discharged 1 by composition 2 by custom or prescription 28
28
54
31
PAGE
32
particular customs are those in use in particular districts
40
ways are a right of going over another mans ground
45
must be construed strictly when in derogation of the common law
49
89
55
99
62
divisions of England are ecclesiastical and civil
70
franchises are royal privileges or branches of the kings prerogative subsist
73
CHAPTER
77
the written law includes statutes acts or edicts of parliament
85
suspensions of this writ
86
villemage tenure was either pure or privileged
87
OF THE KINGS PREROGATIVE continued
91
146
94
corodies are allotments for ones sustenance sometimes converted into pen
107
peculiar laws and customs of the lords
108
OF THE PARLIAMENT continued PAGE
114
CHAPTER VIII
120
128134
129
214
137
CHAPTER IX
139
Of the Kings Royal Family
140
OF THE COUNCILS BELONGING TO THE KING 227232
146
OF ESTATES LESS THAN FREEHOLD continued PATE
147
Of the Kings duties
150
OF THE KINGS PREROGATIVE 237278
153
82
158
OF ESTATES IN POSSESSION REMAINDER AND REVERSION continued PAGE
172
CHAPTER XII
178
Of the Kings Revenue
179
statutes are of supreme force and bind all the estates of the realm
186
tenancy in common is where there is unity of possession merely but perhaps
191
custody of idiots and lunatics
192
the perpetual are duties on imports and exports
198
326
205
how the revenue is appropriated
207
King James II declared to have abdicated the government and
212
OF THE KINGS ROYAL FAMILY 219232
219
the collateral heir must be the next collateral kinsman of the whole blood
224
Of the People whether Aliens Denizens or Natives
231
Of the Clergy
238
the curate a temporary officiating minister
250
Of the Civil State
251
OF THE FEUDAL SYSTEM
253
83
256
Of Title by Prescription
263
OF MASTER AND SERVANT
269
is responsible for acts of servants done by his command
278
CHAPTER XV
280
what is a sufficient contract of marriage
286
OF TITLE BY ALIENATION continued PAGE
293
OF PROPERTY IN GENERAL 114
334
Of Incorporeal Hereditaments
340
in case of a use upon a use the first only was held to be executed by the stat
356
Of the Feudal System
357
OF THE PEOPLE WHETHER ALIENS DENIZENS OR NATIVES 366376
366
Of the Ancient English Tenures
367
devise is a disposition of real property in a mans last will and testament
373
the distinction of tenures consisted in the nature of their services
374
CHAPTER XI
376
Of the Modern English Tenures
378
90
385
101
391
Of Freehold Estates of Inheritance
393
Of Freeholds not of Inheritance
405
a use in a chattel interest was not executed
417
OF TITLE BY SUCCESSION MARRIAGE AND JUDGMENT continued PAGE
432
Of Estates in Possession Remainder and Reversion
440
Of the Title to things Real in general
461
OF TITLE BY DESCENT 200240
464
the male issue shall be admitted before the female 212
489
by attainder of treason and felony the blood was formerly corrupted 251
498
Of Title by Occupancy
499
OF TITLE BY PRESCRIPTION continued
503
Of Title by Forfeiture 267
506
to purchase and hold lands
508
as where tenant for life aliens in fee
509
copy hold estates may be forfeited by breach of customs of the manor
517
Of Title by Alienation 287
519
Of Alienation by Deed 295
527
the conveyances deriving their force under the statute of uses are
556
Of Alienation by Matter of Record 344
560
the effect was to bar estates tail remainders and reversions
570
Of Alienation by Special Custom 365
572
Of Alienation by Devise 373
576
that the construction be favorable and as near the intent of the parties
583
Of Things Personal 384
586
Of Property in Things Personal 389
588
property in chattels personal may be either in possession or in action
589
399
595
Of Title to Things Personal by Occupancy 400
596
Of Title by Prerogative and Forfeiture 408
602
Of Title by Custom 422
609
Of Title by Succession Marriage and Judgment 430
614
power of parents over children consists principally in correction and con
618
Of Title by Gift Grant and Contract 440
621
457462
628
debt is a contract whereby a right to a certain sum of money is mutually
641
Of Title by Bankruptcy 471
646
to make bylaws
649
Of Title by Testament and Administration 489
658
testaments are 1 written 2 verbal or nuncupative
664
APPENDIX NUMBER I Vetus Carta Feoffamenti 521
683
An Obligation or Bond with Condition for the Payment of Money 527
689
A Common Recovery of Lands with double Voucher 529
691

Common terms and phrases

Popular passages

Page 333 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
Page 290 - 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 151 - 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 the 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 unto them, or any of them? King or queen. All this I promise to do.
Page 329 - 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 138 - ... to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 30 - 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 264 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
Page 103 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate; yet the legislative being only a fiduciary power to act for certain ends, there remains still 'in the people a supreme power to remove or alter the legislative', when they find the legislative act contrary to the trust reposed in them...
Page 238 - ... that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.

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