Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly Founded on Blackstone)

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Butterworths, 1903

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TABLE OF CASES
xcix
Of the Writ of Scire Facias
c
B In Actions commenced by Originating Summons
cxx
Of Police Supervision
cxxiv
Of Fire and Life Insurances
cxxx
Of Uberrima Fides
cxxxvi
Of the History and Progress of our Military System 566
clxx
Introduction
1
Of the Distinction between Crimes and Civil Injuries
3
judicial decisions has also been adopted and
7
Of the Right to Inflict Punishment
9
Of the Nature of Laws in general
10
Of OverSeverity in Punishments
15
SECTION III
17
Of Patent Rights
21
Of the Incapacity of the King to commit a crime
29
Of Copyright
31
Of Trade Marks and Trade Names
40
continued
45
Of the Alienability of Personal Property
46
Of the maxim Nemo dat quod non habet
53
Of the Intention to create Legal Relations
60
Of the Nature of a Sale
64
1
65
Of Chapels
68
Of the Legal Capacity of Parties
69
OF THE ECCLESIASTICAL AUTHORITIES
70
Book I
77
Of Death
79
Of the Common Law and the Poor Relief Act 1601
80
Of the Reality of Consensus
81
Equity regards that as done which ought
86
Of Poor Law Unions and of Guardians 35
87
Book II
88
PART II
92
Equity acts on the Conscience
93
Of the Administration of the Poor Law
94
CHAP I
95
PART I
96
Of Sacrilege and Housebreaking
97
Of the Principles of the Law of Descents
100
Of the Feudal System
103
Of the Clergy generally 631
104
Of Larceny by Statute
105
Of the Registration of Births
107
Of Marriage Settlements
111
Of the Equitable Doctrines Applicable to Charitable Trusts
115
Of Fraudulent Misappropriations Mutilations and Falsifications
117
Of Attainder
121
Of Industrial and Provident Societies
123
Of Forgery
125
Of Public Elementary Education
127
Of False Pretences
131
Of a Divorce Petition
132
Of Public and Endowed Grammar Schools
134
Of Fraudulent Debtors
138
Of Pauper Schools
141
Of the Varieties of Bonds
144
OF FREEHOLD ESTATES NOT OF INHERITANCE
145
Of Hackney and Stage Carriages
147
Of Separation Deeds
148
Of Tenant by the Curtesy of England
151
Of the Power of a Borough to obtain a Court of Quarter Sessions 29
152
Of Conveyances by Water
155
Of Jointure
157
Of Contempts against the Title of the King
159
Of Chattels Personal
160
Of Forfeiture of Goods and Chattels on Conviction
161
Of the Ownership Registration and Transfer of Merchant Ships
164
Of Tenancies from Year to Year
165
SECTION V
166
Of a Bill of Lading
170
OF ESTATES UPON CONDITIOX
171
Of Affrays
172
Of Pilotage
173
Of the Representation of Children
175
SECTION XII
176
Of Forcible Entry and Detainer
178
Of Estate by Elegit
179
Of the Varieties of Bills
180
continued PAGE
184
Of Apostasy
186
Of the History of Bankruptcy Law
187
Of Defeating Contingent Remainders
190
Of the Introduction of that System into England
192
Of the Proceedings subsequent to Adjudication or Receiving
196
OF ESTATES IN SEVERALTY Joint TENANCY COPARCENARY
197
Of the Crime against Nature
198
Of Lunatic Asylums
200
Of the Effect of the Bankruptcy on the Property of the Bankrupt
204
Of Tenancy in Common
205
Of Criminal Lunatics
207
Of Lewdness
209
CHAP II
211
Of the Doctrine of Uses prior to the Statute of Uses
212
Of Houses of Correction
213
Of the Bankrupts Discharge
215
Of the Estate of the Trustee
218
Of the Licensing Acts
219
Of Classifications of Trusts
220
CHAP VII
221
Of Acceptance supra Protest
223
Of the Mode of tracing and ascertaining the Heir
224
Of Refreshment Houses
225
Of acquiring Personal Estate by Will and by Administration
226
Of Completely Constituted Trusts
227
Of the Censorship of the Press
229
Of the Capacity to be a Testator
232
1 Of the Medical Profession
235
Of the Grant of Administration
239
1 Of Redress by the mere Act of the Parties
241
Of Bribery
242
Of the Representative Character of Executors and Adminis
245
OF TITLE BY ESCHEAT
247
OF TITLE BY FORFEITURE
260
CHAP XIV
261
Of Alienation by particular Tenants
267
Of Menial Servants
272
Of the different sorts of Tenure
274
Of the present Law on the subject
275
Of the London Government
278
Of Employers Liability for False Character
280
CHAP XVI
281
Of the Chairmen Aldermen and Councillors
284
CHAP XI
285
Of the Ecclesiastical Jurisdiction over Marriage
286
Of the Reddendum
287
continued PAGE
292
OF ORDINARY CONVEYANCES AND FIRST OF THOSE
299
Of the Financial and Administrative Business of County Councils
300
Of the Evidence at the Trial 596
301
Of the Jurisdiction generally
302
Of Criminal Arrest
303
Of the Foreign Marriages Act 1892
304
Of the Exchange
307
Of the Courts of the Commissioners of Sewers
309
Of Hue and Cry
310
Of the Married Womens Property Acts 1870 1882 1893
312
Of the Surrender
313
Of the Liability of the Husband for the Wifes Torts
318
Of the Lease and Release
319
Of Limitations to Uses in general
325
Of an Information
330
Of Powers
331
Of the old Stannary Courts now the County Court of Corn
333
Of an Appeal abolished
337
Of the Fine and Recovery
338
Of Attainder and of Conviction and of their different operations
343
Of Deeds to Lead and to Declare Uses
346
Of the Legal Condition of the Ward
347
Of the Oxford and Cambridge University Courts
348
Of Deeds Acknowledged
353
CHAP IV
357
OF THE CIVIL GOVERNMENT
360
Of Alterations in a Bill or Note
362
Of the Construction of Devises
363
Of the House of Lords
366
Of the Courts of Lancaster and Durham
370
Of the Assignability of Debts and other Choses in Action
372
OF EXTRAORDINARY CONVEYANCES OR THOSE BY MATTER
374
Of the Court of Appeal
376
Of the Jaws and Customs relating to the House of Commons
378
Of the Royal Marines 577
379
Of Free Socage and its Incidents
381
Of the Qualifications of Electors for Boroughs
384
Of Actions on Contracts or on Torts
385
CHAP XIX
387
Of Devises of Copyholds
388
Of the Dedication of Highways
389
CHAP VII
391
OF INCORPOREAL HEREDITAMENTS CALLED ALSO PURELY
393
Of the Disqualifications of Electors
394
Of Injuries to the Reputation
397
Of issuing the Writs for Elections
401
Of Ways
402
Of the ThirtyNine Articles 670
405
Of Corrupt and Illegal Practices
407
Of Reversal without Error
411
Of Rents
413
Of Vacating a Seat in Parliament
415
continued PAGE
416
SECTION XIII
419
Of Prescription
420
Of the Adjournment Prorogation and Dissolution of Parliament
424
Of the Prerogative of the Crown as to Mode of Execution
425
Of the Progress from the earliest Times to the Norman Conquest
427
Of the Extinction of Incorporeal Hereditaments
428
S C
429
Of the Monarchs Duty to govern according to Law
431
Of the Progress from the Norman Conquest to Edward I
435
Of Natural Born Subjects
437
Of Quarantine
440
Of the Hereditary Succession to the Crown
443
Of the Progress from Edward I to the Reformation
445
Of Injuries affecting Public Rights
451
Of the Nature of Bills of Sale
454
Of the Settled Land Acts
455
Of the Progress from the Restoration to the Revolution
458
Of the Settled Land Actscontinued
460
Of the Husband of a Queen Regnant
461
Of the Councils belonging to the Sovereign
466
GENERAL INDEX
467
Of other Committees of the Privy Council
474
Of the Free Administration of the Law in the Courts of Justice
480
OF REGISTRATION OF TITLE TO LAND
481
CHAP IX
483
Of the Position of a Trustee
485
Of the Maxim that the King can do no wrong
486
Of his Right to make Treaties
493
Of his Right to appoint Ports and Havens
499
Of Hostile Capture
502
continued PAGE
504
Of his Right as the Fountain of Honour Office and Privilege
511
Of Title by Confusion or Intermixture
513
Of his Right to stamp and regulate the Current Coin
517
Of the Matters cognizable in Equity
519
Of the Exchequer
523
Of Antient Demesne
526
11 Of Redress by the mere Act of the
528
Of Profits from Forests
530
Of Tenure in Frankalmoign
534
Of a Wifes Equity to a Settlement
535
Of Royal Mines
541
S C
543
Of the Customs
549
Of the Stamp Duties
555
Of the Succession Duty
557
Of the Consolidated Fund and the Public Income
562

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Strona 361 - every will shall be construed, " with reference to the real estate and personal estate " comprised in it, to speak and take effect as if it had " been executed immediately before the death of the " testator, unless a contrary intention shall appear by " the will
Strona 357 - by the testator or some other person, in his presence, and by his direction, such signature being also made or acknowledged by him, in the presence of two or more witnesses present at the same time, and such witnesses attesting and subscribing the will in his presence
Strona 362 - where any real estate shall be devised to any person " without any words of limitation, such devise shall be " construed to pass the fee simple, or other the whole " estate or interest which the testator had power to " dispose of by will, in such real estate, unless a contrary
Strona 247 - real property of every description may be taken, acquired, held and disposed of by an alien, in the same manner in all respects as by a natural-born British subject, and that a title thereto may be derived through, from, or in succession to an alien, as if he had been
Strona 363 - beyond the life of such person—such devise shall be " construed to vest in such trustee the fee simple, or " other the whole legal estate which the testator had " power to dispose of by will, in such real estate, and not " an estate detenninable when the purposes of the trust
Strona 332 - sa mere at the death of such grantor or testator, or during the minority only of any person who, under the Uses or trusts of the instrument directing such accumulation, would for the time being, if of full age, be entitled to the income so directed to be accumulated.
Strona 11 - a rule of civil conduct prescribed by the supreme power in a state." Let us endeavour to explain its several properties, as they arise out of this definition. And, first, it is a rule : not a transient
Strona 188 - :—That when the ancestor, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited (either mediately or immediately) to his heirs in fee or in tail, the word heirs is
Strona 366 - in any devise " or bequest of real or personal estate, the words ' die "'without issue,' or ' die without leaving issue,' or ' have " ' no issue,' or any other words which may import either " a want or failure of issue of any person in his lifetime
Strona 58 - The colonists carry with them only so much of the English law as is applicable to the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries. The artificial refinements and distinctions incident to the property of a great commercial people,

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