Commentaries on the laws of England. [Another], Volume 3T. Cadell and J. Butterworth, 1825 |
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... , pursuant to the Testatum Capias , in page xiv ... § 6. The Record , as removed by Writ of ERROR §7 . Process of Execution xvi ibid . ibid . xxii xxiv ibid . xxvi xxxiii COMMENTARIES ON THE LAWS OF ENGLAND . BOOK THE THIRD CONTENTS . vii.
... , pursuant to the Testatum Capias , in page xiv ... § 6. The Record , as removed by Writ of ERROR §7 . Process of Execution xvi ibid . ibid . xxii xxiv ibid . xxvi xxxiii COMMENTARIES ON THE LAWS OF ENGLAND . BOOK THE THIRD CONTENTS . vii.
Page 127
... capias in withernam ) to imprison the defendant himself , without bail or mainprize " , till he produces the party . But this writ is guarded with so many exceptions " , that it is not an effectual remedy in numerous instances ...
... capias in withernam ) to imprison the defendant himself , without bail or mainprize " , till he produces the party . But this writ is guarded with so many exceptions " , that it is not an effectual remedy in numerous instances ...
Page 149
... capias in withernam , in vetito ( or , more properly , repetito ) namio ; a term which signifies a second or reciprocal distress , in lieu of the first which was eloigned . It is therefore a command to the sheriff to take other goods of ...
... capias in withernam , in vetito ( or , more properly , repetito ) namio ; a term which signifies a second or reciprocal distress , in lieu of the first which was eloigned . It is therefore a command to the sheriff to take other goods of ...
Page 160
... capias to take the defendant's body in execu- tion for those damages , which process was allowable in an action of debt ( in consequence of the statute 25 Edw . III . c.17 . ) , but not in an action real . Wherefore , since the disuse ...
... capias to take the defendant's body in execu- tion for those damages , which process was allowable in an action of debt ( in consequence of the statute 25 Edw . III . c.17 . ) , but not in an action real . Wherefore , since the disuse ...
Page 277
... capias ad respondendum . But this immunity of the defendant's person , in case of peaceable though fraudulent injuries , producing great contempt of the law in indigent wrongdoers , a capias was also allowed to arrest the person , in ...
... capias ad respondendum . But this immunity of the defendant's person , in case of peaceable though fraudulent injuries , producing great contempt of the law in indigent wrongdoers , a capias was also allowed to arrest the person , in ...
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Common terms and phrases
action of debt action of trespass advowson antient appear assise assumpsit award bail bishop breach brought called capias cause chancery chattels civil cognizance committed common law common pleas contract court of chancery court of equity court of king's courts of common covenant crown damages declaration defendant defendant's deforcement determined detinue disseisin distreined distress ecclesiastical Eliz evidence fact Finch freehold granted habeas corpus hath heir Ibid injury Inst issue judges judgment jurisdiction jurors jury justice king king's bench lands Litt lord matter nature nisi prius nusance oath original writ ouster owner person plaintiff plead possession proceedings real actions recover redress remedy rent replevin seised seisin sheriff shew sir Edward Coke species statute sued suit tenant term tion trespass trial unless verdict Westm whereby wherein writ of error writ of right wrong
Popular passages
Page 31 - And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.
Page 119 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 371 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Page 300 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
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 130 - ... by a fiat from the chief justice or any other of the judges, and running into all parts of the king's dominions: for the king is at all times entitled to have an account, why the liberty of any of his subjects is restrained, 11 wherever that restraint may be inflicted.
Page 29 - ... whose honorarium was directed by a decree of the senate not to exceed in any case ten thousand sesterces, or about 80/. of English money.' And, in [ 29 ] order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to give a check to the unseemly licentiousness of prostitute and illiberal men, (a few of whom may sometimes insinuate themselves even into the most...