Commentaries on the Laws of England: In Four Books, Volume 2G.W. Childs, 1867 - Law |
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Page 48
... trial of landed disputes , of which hereafter . The other authority is , 5. That of nisi prius , which is a consequence of the commis- sion of assize ( u ) , being annexed to the office of those justices by the sta- tute of Westm . 2 ...
... trial of landed disputes , of which hereafter . The other authority is , 5. That of nisi prius , which is a consequence of the commis- sion of assize ( u ) , being annexed to the office of those justices by the sta- tute of Westm . 2 ...
Page 85
... trial , and be there found false , a writ of consultation will be granted . For this purpose the party prohibited may appear to the prohibition , and take a declaration , ( which must always pur- sue the suggestion ) , and so plead to ...
... trial , and be there found false , a writ of consultation will be granted . For this purpose the party prohibited may appear to the prohibition , and take a declaration , ( which must always pur- sue the suggestion ) , and so plead to ...
Page 159
... trial of the cause , three of the four requisites for the main- tenance of the plaintiff's action ; viz . the lease of Rogers the lessor , the entry of Smith the plaintiff , and his ouster by Saunders [ 204 ] himself , now made the ...
... trial of the cause , three of the four requisites for the main- tenance of the plaintiff's action ; viz . the lease of Rogers the lessor , the entry of Smith the plaintiff , and his ouster by Saunders [ 204 ] himself , now made the ...
Page 160
... trial under the name of Smith ( the plaintiff ) , on the demise of Rogers ( the lessor ) , against Saunders , the new defendant . And therein the lessor of the plaintiff is bound to make out a clear title , other- wise his fictitious ...
... trial under the name of Smith ( the plaintiff ) , on the demise of Rogers ( the lessor ) , against Saunders , the new defendant . And therein the lessor of the plaintiff is bound to make out a clear title , other- wise his fictitious ...
Page 161
... trial or not , permit the plaintiff on the trial , after proof of his right to recover pos- session of the whole or of any part of the premises mentioned in the declaration , to go into evidence of the mense profits thereof , which ...
... trial or not , permit the plaintiff on the trial , after proof of his right to recover pos- session of the whole or of any part of the premises mentioned in the declaration , to go into evidence of the mense profits thereof , which ...
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Common terms and phrases
aforesaid ancient assise assumpsit bail benefit of clergy bill Burr cause chancery Charles Long chattels civil cognizance committed common law convicted court of chancery court of equity crime criminal crown damages death debt declaration defendant detinue distrained distress East ecclesiastical Eliz enacted entry evidence execution felony forfeiture guilty habeas corpus hath Hawk Ibid imprisonment indictment injury Inst intent issue judge judgment jurisdiction jury justice kill king king's bench lands larceny liable Litt lord matter ment misdemeanor murder nature New-York nuisance oath offence owner parliament party penalties person plaintiff plead possession praemunire prisoner proceedings prosecution punishment reason recover remedy rent repealed replevin Salk Saund seisin sheriff species Stat statute steal Stra sufficient suit Taunt tenant therein thereof Tidd tion trial unless verdict William Kent Wils witnesses writ of right
Popular passages
Page 147 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Page 113 - The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press, but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity.
Page 41 - ... receive the sacrament of the Lord's supper, according to the usage of the Church of England...
Page 36 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 113 - To subject the press to the restrictive power of .a licenser, as was formerly done, both before and since, the revolution (a), is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 168 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
Page 82 - I. a command, issuing in the king's name from the Court of King's Bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions ; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the Court of King's Bench has previously determined, or at least supposes to be consonant to right and justice.
Page 1 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 4 - That private wrongs or civil injuries are an infringement or privation of the civil rights which belong to individuals, considered merely as individuals; public wrongs, or crimes and misdemeanors, are a breach and violation of the public rights and duties due to the whole community, considered as a community in its social aggregate capacity.
Page 129 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.