The Practice and Courts of Civil and Ecclesiastical Law: And the Statements in Mr. Bouverie's Speech on the Subject, Examined; with Observations on the Value of the Study of Civil and International Law in this Country; in a Letter to the Right Hon. W.E. Gladstone |
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Page 15
... trial by jury and vivâ voce examination . It recommended the alteration of the Testamen- tary Law respecting Personalty , and the assimi- lating it to the Law of Realty - a recommenda- tion which has subsequently been carried into ...
... trial by jury and vivâ voce examination . It recommended the alteration of the Testamen- tary Law respecting Personalty , and the assimi- lating it to the Law of Realty - a recommenda- tion which has subsequently been carried into ...
Page 34
... trial of the validity of a will at Doctors ' Commons and at Common Law ; and first , I must observe that intimately and obviously connected with the ques- tions of expense and delay in this matter , is the subject of Courts of Appeal ...
... trial of the validity of a will at Doctors ' Commons and at Common Law ; and first , I must observe that intimately and obviously connected with the ques- tions of expense and delay in this matter , is the subject of Courts of Appeal ...
Page 35
... trials , two are not rare ; each new trial pro- bably would be upon questions of fact ; but sup- pose a point of law is reserved by the judge at nisi prius , how many Courts of Appeal may there be ? first , there may be what is ...
... trials , two are not rare ; each new trial pro- bably would be upon questions of fact ; but sup- pose a point of law is reserved by the judge at nisi prius , how many Courts of Appeal may there be ? first , there may be what is ...
Page 36
... trial ; for juries , sometimes from ignorance , and more ' frequently from prejudice , give verdicts which are ... trial , but that is very rare ; and in the case of Davis v . Morris , there " were three trials . " 66 66 But there have ...
... trial ; for juries , sometimes from ignorance , and more ' frequently from prejudice , give verdicts which are ... trial , but that is very rare ; and in the case of Davis v . Morris , there " were three trials . " 66 66 But there have ...
Page 37
... trial , and that in most cases the expense is much less . It is not difficult , therefore , to see that in the many cases where two new trials ( to say nothing of three or four ) are granted , the expense at Common Law must be double ...
... trial , and that in most cases the expense is much less . It is not difficult , therefore , to see that in the many cases where two new trials ( to say nothing of three or four ) are granted , the expense at Common Law must be double ...
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The Practice and Courts of Civil and Ecclesiastical Law: And the Statements ... Robert Phillimore No preview available - 2017 |
The Practice and Courts of Civil and Ecclesiastical Law: And the Statements ... Robert Phillimore No preview available - 2017 |
Common terms and phrases
acquaintance administration Admiralty Courts admitted advantage answer appointed Arthur Collier authority Bishop bottomry Bouverie Bouverie's speech branch Canon Law cause Chancellor Church cited Civil and Canon Civil Law Civilians Clarke codicil cognizance College Commission Common Law counsel Court of Admiralty Court of Chancery Court of Probate Courts of Civil Courts of Common Courts of Equity Diocesan Courts Doctors of Law Eccle Ecclesiastical Court Ecclesiastical Law eminent England evidence examination executor Expense and Delay fact favour foreign granted House of Lords instance Judge judgment judicial jurisdiction jurisprudence jury justice King's Advocate knowledge law of nations lawyers learned matter ment object opinion Oxford Parliament party personal property plaintiff plea practice Prerogative Court present principle Privy Council profession Queen's question realty reform Richard Zouche sentence statute suit suitor testamentary tical tion trial tribunals truth Tyrrell Universities validity vivâ Westminster Hall witnesses
Popular passages
Page 166 - ... good, firm, valid, sufficient, and effectual, in the law, according to the true intent and meaning thereof, and shall be taken, construed, and adjudged, in the most favourable and beneficial sense, for the best advantage of the said...
Page 85 - God's gifts diminished from such as by faith, and rightly, do receive the Sacraments ministered unto them; which be effectual, because of Christ's institution and promise, although they be ministered by evil men. Nevertheless, it appertaineth to the discipline of the Church, that inquiry be made of evil Ministers, and that they be accused by those that have knowledge of their offences ; and finally, being found guilty, by just judgment be deposed.
Page 138 - It is to be recollected that this is a Court of the Law of Nations, though sitting here under the authority of the King of Great Britain. It belongs to other nations as well as to our own ; and what foreigners have a right to demand from it is the administration of the...
Page 163 - ... know ye, therefore, that we, of our especial grace, certain knowledge,- and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant...
Page 84 - ... person or persons, to declare and determine all such doubts, and to administer all such offices and duties, as to their rooms spiritual doth appertain, for the due administration whereof, and to keep them from corruption and sinister affection, the king's most noble progenitors, and the antecessors of the nobles of this realm, have sufficiently endowed the said Church, both with honour and possessions...
Page 164 - Philadelphia, be, and shall be, for ever hereafter, persons able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended...
Page 100 - I am loth to quote, yet inasmuch as the laws of all nations are doubtless raised out of the ruins of the civil law, as all governments are sprung out of the ruins of the Roman Empire, it must be owned that the principles of our law are borrowed from the civil law and therefore grounded upon the same reason in many things.
Page 166 - College, whereby the constitution, progress, improvement and business thereof may be suffered or be hindered, in such case, we do hereby, for us, our heirs and successors, assign, constitute, authorize and appoint the Most Reverend the Lord Archbishop of Canterbury, the Lord Chancellor or Lord Keeper of our Great Seal of Great Britain, the Lord Keeper of our Privy Seal, and our two principal Secretaries of State for the time being, to be Visitors of the said College, with full power and authority...
Page 161 - ... their heirs, and assigns, in as large, ample, and beneficial manner and form to all intents and purposes, as the said subscribing Adventurers here could or may do, or perform.
Page 101 - Courts, and were associated in the minds of the people partly with the exactions(^) of Empson and Dudley in the preceding reign, and partly with the authority of the Pope. Severe blows were dealt at the former, which were aimed solely at the latter system. "The books of Civil and Canon Law were set aside to be devoured with worms as savouring too much of Popery/' says the learned Ayliffe in his history of the University of Oxford during the Visitation of 1547.