Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King, 1791 |
From inside the book
Results 1-5 of 82
Page 21
... iffue in tail be barred by the fine or war- ranty of his ancestor , and the freehold is afterwards caft upon him ; he shall not be remitted to his eftate tail ' : for the operation of the remitter is exactly the fame , after the union ...
... iffue in tail be barred by the fine or war- ranty of his ancestor , and the freehold is afterwards caft upon him ; he shall not be remitted to his eftate tail ' : for the operation of the remitter is exactly the fame , after the union ...
Page 33
... iffue writs of execution , in aid of its process , after judgment , where the perfon or effects of the defendant . are not within the limits of this inferior jurifdiction ; which may possibly occafion the revival of the practice and ...
... iffue writs of execution , in aid of its process , after judgment , where the perfon or effects of the defendant . are not within the limits of this inferior jurifdiction ; which may possibly occafion the revival of the practice and ...
Page 49
... iffue in this court , that is , if any fact be difputed between the parties , the chancellor cannot try it , having no power to fummon a jury ; but muft deliver the record propria manu into the court of king's bench , where it fhall be ...
... iffue in this court , that is , if any fact be difputed between the parties , the chancellor cannot try it , having no power to fummon a jury ; but muft deliver the record propria manu into the court of king's bench , where it fhall be ...
Page 72
... iffue his warrant to the officers of the foreft to apprehend the offenders . It may be held every third year ; and forty days notice ought to be given of it's fitting . This court may fine and imprifon for offences within the foreft ...
... iffue his warrant to the officers of the foreft to apprehend the offenders . It may be held every third year ; and forty days notice ought to be given of it's fitting . This court may fine and imprifon for offences within the foreft ...
Page 79
... iffue for the fame reason to all these exempt jurifdictions " ; because the privilege , that the king's writ runs not , must be intended between party and party , for there can be no such privilege against the king " . not run . X VIII ...
... iffue for the fame reason to all these exempt jurifdictions " ; because the privilege , that the king's writ runs not , must be intended between party and party , for there can be no such privilege against the king " . not run . X VIII ...
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 equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke Eliz entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muſt nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpect remedy ſhall ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 313 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Page 340 - 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 2 - ... or the rights of persons; or they are, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are styled " jura rerum,
Page 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Page 159 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 130 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Page 28 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Page 377 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Page 109 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military or maritime tribunals, are for that very reason within the cognizance of the common law courts of justice; for it is a settled and invariable...