Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 1S. Sweet, R. Pheney, 1828 - Law reports, digests, etc |
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Page 46
... jurisdictions , they used to compel a man to furnish evidence against himself : but by stat . Car . 2 , oaths ex officio are taken away . On indictment for coining , the Attorney might as well move , to have a prisoner discover all his ...
... jurisdictions , they used to compel a man to furnish evidence against himself : but by stat . Car . 2 , oaths ex officio are taken away . On indictment for coining , the Attorney might as well move , to have a prisoner discover all his ...
Page 54
... jurisdiction a private one . The Court never inter- poses , but where visitors exceed their jurisdiction , and then it will grant a prohibition . The Court cannot inquire into the legality of a visitor's sentence ( b ) . Even if a ...
... jurisdiction a private one . The Court never inter- poses , but where visitors exceed their jurisdiction , and then it will grant a prohibition . The Court cannot inquire into the legality of a visitor's sentence ( b ) . Even if a ...
Page 55
... jurisdiction , the Court will not grant a man- damus . The right may be solemnly tried in the more usual forms of law ; it has already been decided in this summary way . It seems , there are holes in the cover of the book , through ...
... jurisdiction , the Court will not grant a man- damus . The right may be solemnly tried in the more usual forms of law ; it has already been decided in this summary way . It seems , there are holes in the cover of the book , through ...
Page 56
... jurisdiction . The Bishop of Ely received the appeal , does not now appear by his counsel , and has therefore no objection to the jurisdiction . To allow the Crown and the College to inter- pose , is obliquely giving them a prohibition ...
... jurisdiction . The Bishop of Ely received the appeal , does not now appear by his counsel , and has therefore no objection to the jurisdiction . To allow the Crown and the College to inter- pose , is obliquely giving them a prohibition ...
Page 58
... jurisdiction , by mandamus . If he obeys , he is liable to prohibitions ; if he returns himself not visitor , to actions . The Court never grants a mandamus , except it indisputably sees , that there is a power lodged in the person , to ...
... jurisdiction , by mandamus . If he obeys , he is liable to prohibitions ; if he returns himself not visitor , to actions . The Court never grants a mandamus , except it indisputably sees , that there is a power lodged in the person , to ...
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Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari cestuy Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise discharged East election Eliz entitled equity escheat estate tail evidence execution executor feoffment fraud gavelkind give given granted heir held indictment interest issue Judges judgment jurisdiction jury justice King King's land latitat lease Lessee liable Lord Hardwicke Lord MANSFIELD mandamus ment Norton opinion parish party person plaintiff plea pleaded present printing question qui tam quo warranto Raym reason recover rule S. C. 3 Burr Salk Serjeant settlement ship stat statute statute of frauds Stra tenant Term testator tion trial trust verdict vested visitor void warrant wharf wife WILMOT Wils witness words writ
Popular passages
Page 34 - This is properly a criminal method of prosecution, as well to punish the usurper by a fine for the usurpation of the franchise, as to oust him, or seize it for the crown; but hath long been applied to the mere purposes of trying the civil right, seizing the franchise or ousting the wrongful possessor; the fine being nominal only.
Page 191 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 672 - Honor directed a case to be stated for the opinion of the Court of King's Bench.
Page 405 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 301 - Now upon the Best Consideration I have been able to give this Matter, I am very clear of Opinion, that at the Trial, I ought not to have admitted the Evidence of Usage. But the Point of Law is here settled...
Page 468 - The policy is founded on mifreprefentation : the fhip is infured " at and from Genoa to Dublin ; the adventure to begin " from the loading, to equip for this voyage.
Page 358 - ... might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 304 - Taylor it was found, by the special verdict, "that before the reign of her late majesty, Queen Anne, it was usual to purchase from authors the perpetual copyright of their books, and to assign the same from hand to hand for valuable consideration, and to make the same the subject, of family settlements, for the provision of wives and children.