Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
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Page 14
... matters of account , and other mercantile tranfactions , which are difficult and almost impoffible to be adjusted on ... matter extrinfic the award , it must be made before the end of the next term ; but an application for an attachment ...
... matters of account , and other mercantile tranfactions , which are difficult and almost impoffible to be adjusted on ... matter extrinfic the award , it must be made before the end of the next term ; but an application for an attachment ...
Page 24
... matters therein contained fhall , if difputed , be tried and determined by a jury . These courts can hold na plea of matters cognizable by the common law , unless under the value of 40s . nor of any forcible injury whatsoever , not ...
... matters therein contained fhall , if difputed , be tried and determined by a jury . These courts can hold na plea of matters cognizable by the common law , unless under the value of 40s . nor of any forcible injury whatsoever , not ...
Page 31
... matter they judged themselves . " Thefe inferior courts , at least the name and form of them , still con- tinue in our legal conftitution : but as the fuperior courts of record have in practice obtained a concurrent original juris- [ 32 ] ...
... matter they judged themselves . " Thefe inferior courts , at least the name and form of them , still con- tinue in our legal conftitution : but as the fuperior courts of record have in practice obtained a concurrent original juris- [ 32 ] ...
Page 38
... matters of great moment and difficulty . All the fe in their feveral departments tranfacted all secular business both criminal and civil , and likewife the matters of the revenue : and over all prefided one special magiftrate , called ...
... matters of great moment and difficulty . All the fe in their feveral departments tranfacted all secular business both criminal and civil , and likewife the matters of the revenue : and over all prefided one special magiftrate , called ...
Page 46
... matters only , as specially concern the king or his ministers of the ex- chequer . And by the articuli fuper cartas it is ... matter of form and mere words of course , and the court is open to all the nation equally . The fame holds with ...
... matters only , as specially concern the king or his ministers of the ex- chequer . And by the articuli fuper cartas it is ... matter of form and mere words of course , and the court is open to all the nation equally . The fame holds with ...
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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 common court of equity damages debt defendant deforcement detinue diftrefs diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed eſtate faid faid William fame fatisfaction fecond feems fhall fheriff fhould fince Finch firft firſt fome fpecies freehold ftated ftatute fubject fuch fufficient fuit fummon fuppofed hath himſelf houſe iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reaſon recover redreſs remedy reſpective ſaid ſhall ſpecial ſtate ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein witneffes writ of right
Popular passages
Page 368 - And herein they state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding conditionally, that if upon the whole matter the court should be of opinion that the plaintiff had cause of action, they then find for the plaintiff; if otherwise, then for the defendant.
Page 158 - ... him, to perform it with integrity, diligence and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 210 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Page 99 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds...
Page 448 - Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 127 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could not upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the king, or by the lords of the privy council.
Page 378 - A new trial is a rehearing of the cause before another jury; but with as little prejudice to either party, as if it had never been heard before.
Page 348 - Challenges to the array are at once an exception to the whole panel, in which the jury are arrayed or set in order by the sheriff in his return ; and they may be made upon account of partiality or some default in the sheriff, or his under-officer who arrayed the panel.
Page 30 - This was formerly held every three weeks; and its most important business is to determine, by writ of right, all controversies relating to the right of lands within the manor.