Books 3 & 4Childs & Peterson, 1860 - Law |
From inside the book
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Page 9
... TRIAL ... 330 to 341 1. Trial is the examination of the matter of 330 fact put in issue .......... 2. The species of trials are , I. By the re- cord . II . By inspection . III . By certi- V. By wager ficate . IV . By witnesses . of ...
... TRIAL ... 330 to 341 1. Trial is the examination of the matter of 330 fact put in issue .......... 2. The species of trials are , I. By the re- cord . II . By inspection . III . By certi- V. By wager ficate . IV . By witnesses . of ...
Page 9
... Trial by jury is , I. Extraordinary ; as , by the grand assise , in writs of right ; and by the grand jury , in writs of at- taint . II . Ordinary 2. The method and process of the ordinary trial by jury is , I. The writ of venire facias ...
... Trial by jury is , I. Extraordinary ; as , by the grand assise , in writs of right ; and by the grand jury , in writs of at- taint . II . Ordinary 2. The method and process of the ordinary trial by jury is , I. The writ of venire facias ...
Page iv
... TRIAL , AND CONVICTION .......... 1. Trials of offences , by the laws of Eng- land , were and are , I. By ordeal , of either fire or water . II . By the corsned . Both these have been long abolished . III . By battel , in appeals and ...
... TRIAL , AND CONVICTION .......... 1. Trials of offences , by the laws of Eng- land , were and are , I. By ordeal , of either fire or water . II . By the corsned . Both these have been long abolished . III . By battel , in appeals and ...
Page 46
... trial of landed disputes , of which hereafter . The other authority is , 5. That of nisi prius , which is a consequence of the commission of assize , ( u ) being annexed to the office of those justices by the statute of Westm . 2 , 13 ...
... trial of landed disputes , of which hereafter . The other authority is , 5. That of nisi prius , which is a consequence of the commission of assize , ( u ) being annexed to the office of those justices by the statute of Westm . 2 , 13 ...
Page 139
... trial will now stand upon the merits of the title only . This done , the declaration is altered by inserting the name of George Saunders instead of William Stiles , and the cause goes down to trial under the name of Smith , ( the ...
... trial will now stand upon the merits of the title only . This done , the declaration is altered by inserting the name of George Saunders instead of William Stiles , and the cause goes down to trial under the name of Smith , ( the ...
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Common terms and phrases
action of trespass aforesaid afterwards antient appear assize assumpsit attorney benefit of clergy Burr cause chancellor chancery Charles Long chattels civil cognizance committed common law common pleas convicted court of chancery court of equity court of king's crime criminal crown damages death debt declaration defendant detinue distrained distress East ecclesiastical Eliz enacted England entry evidence execution felony forfeiture guilty habeas corpus hath Hawk high treason Ibid imprisonment indictment injury Inst intent issue judge judgment jurisdiction jury justice kill king King's Bench land larceny liable Litt lord matter ment misdemeanour murder nature nuisance oath offence parliament party penalties person plaintiff plead possession prisoner proceedings prosecution punishment Raym recover remedy rent repealed seisin sheriff species stat statute Stra sufficient suit tenant therein thereof treason trial unless verdict Vict Westminster William Kent witnesses writ of right
Popular passages
Page 220 - Contract, whereby to take any Case out of the Operation of the said Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 76 - Majesty's dominions, to take cognizance of, and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships and goods, that are or shall be taken, and to hear and determine the same ; and.
Page 239 - 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 79 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 149 - ... obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.
Page 112 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
Page 383 - Or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort in the Realm or elsewhere...
Page 369 - To deny the possibility, nay, actual existence, of witchcraft and sorcery is at once flatly to contradict the revealed word of God, in various passages both of the Old and New Testament: and the thing itself is a truth to which every nation in the world hath in its turn borne testimony, either by examples seemingly well attested or by prohibitory laws; which at least suppose the possibility of commerce with evil spirits.
Page 485 - ... it shall be sufficient to allege the embezzlement or fraudulent application or disposition to be of money, without specifying any particular coin or valuable security ; and such allegation so far as regards the description of the property, shall be sustained if the offender shall be proved to have embezzled or fraudulently applied or disposed of any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved...
Page 453 - 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.