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The Student's Blackstone: Commentaries on the Laws of England, in Four Books ...
Robert Malcolm Kerr
No preview available - 2014
action actual afterwards alien allowed ancient appear appointed authority become bill bishop body bound called cause CHAPTER charge chattels civil claim common law condition consent considered constitution continued contract corporations court creditors crown custom damages death debts deed defendant descended determined directed duty ecclesiastical effect election England entered entitled equity established execution formerly give given grant guardian hands heirs held High hold husband inheritance injury interest issue judge judgment jurisdiction justice king lands lease lord marriage matter means nature necessary obtained original owner parliament particular party perform person plaintiff possession present principal privileges proceedings purchase reason receive record recover regard relation remains remedy rent respect royal rule servant sovereign statute sufficient tenant tenure term thing transferred unless usually vested whole wife writ
Page 322 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age...
Page 312 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding such writ shall consider in that behalf.
Page 175 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...
Page 258 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 420 - The powers aforesaid may be exercised by the said court, notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.
Page 538 - Now the general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth ; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Page 314 - ... be indicted in that term or session, or else admitted to bail ; unless the king's witnesses cannot be produced at that time ; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from his imprisonment for such imputed offence...
Page 377 - In case no appearance shall be entered in an action for the recovery of land, within the time limited for appearance, or if an appearance be entered, but the defence be limited to part only, the plaintiff shall be at liberty to enter a judgment that the person whose title is asserted in the writ shall recover possession of the land, or of the part thereof to which the defence does not apply.
Page 27 - That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.