Reports of Cases Argued and Determined in the High Court of Chancery: Commencing in Michaelmas Term, 1815 [to the End of the Sittings After Michaelmas Term, 1817], Volume 1

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Page 608 - Presumably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle all accounts current are settled, and particularly cash accounts.
Page 310 - Si ceux qui ont péri ensemble avaient moins de quinze ans, le plus âgé sera présumé avoir survécu. — S'ils étaient tous au-dessus de soixante ans, le moins âgé sera présumé avoir survécu. — Si les uns avaient moins de quinze ans, et les autres plus de soixante, les premiers seront présumés avoir survécu.
Page 177 - Orford, by deed or will, should appoint ; and in default of appointment, " to the use of the right heirs of the said Samuel Rolle for ever.
Page 159 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Page 176 - It then witnessed, that for and in consideration of the natural love and affection which the said George Earl of Orford had and bore unto his relations, the heirs of the said Samuel Rolle, and to the intent that the manors, messuages, lands, tenements, and hereditaments, thereinafter mentioned, 1819.
Page 159 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law, as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Page 201 - ... private capacities; and an action of debt may, in such case, be brought against them, or any of them, their, or any of their heirs, executors, or administrators, in any court...
Page 164 - In its causes, its objects, its provisions, its qualifications, and its exceptions', it is a law wholly English, calculated for purposes of local policy, complicated with local establishments, and incapable, without great incongruity in the effect, of being transferred as it stands, into the code of any other country.
Page 134 - Prima fade, a bequest over to the survival' of two persons, after the death of one without issue, furnishes this presumption, for it will be intended that the survivor was meant individually and personally to enjoy the legacy, and not merely to take a vested interest, which might or might not be accompanied by actual possession.
Page 312 - There are many instances in which principles of law have been adopted from the Civilians by our English Courts of Justice ; but none that I know of in which they have adopted presumptions of fact from the rules of the civil law V § 630 b.

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