A New Law Dictionary and Institute of the Whole Law: For the Use of Students, the Legal Profession, and the Public |
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Common terms and phrases
34 Vict action advowson alleged appear applied appointed bankruptcy bill borough C. L. P. Act called Common Law contract conveyance copyhold Court of Chancery Courts of Equity covenant Cowel creditor criminal Crown damages death debt debtor declaration deed defendant denotes duty easement ecclesiastical English Law entitled Equity evidence execution executor fee simple felony fraud freehold grant heirs hereditaments High Court House House of Lords husband indorsement interest issue judge judgment Judicature Acts jurisdiction jury justice king king's lands lease legacies liable Lord Lord Chancellor manor marriage matter ment mortgage notice offence owner Parliament particular party payable payment person plaintiff plea pleading possession principal purchaser regards rent respect Roman Law rule seisin sheriff ship signifies stat statute tenant tenure termed testator thereof tion trial trust usually usucapio word writ writ of summons
Popular passages
Page 241 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 28 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 40 - Act, all rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise), shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.
Page 87 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, seabanks and highways, some for education and preferment of orphans...
Page 150 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 5 - I do declare that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, preeminence, or authority, ecclesiastical or spiritual, within this realm : So help me God.
Page 241 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 241 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 9 - ... together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.
Page 241 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...