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

Przednia okładka
Butterworths, 1903

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Spis treści

Of the History and Progress of our Military System 566
xcviii
OF THINGS PERSONAL IN GENERAL AND OF PROPERTY THEREIN
cxii
Of Extent in Aid and of its Availability
cxix
Of Police Supervision 400
cxxiv
Of the Extent called Diem Clausit Extremum
cxxxvi
Of Civil Informations
clxii
Of Interpleader
cxcii
Introduction
1
Of their History
2
Of the Distinction between Crimes and Civil Injuries
3
continued
4
judicial decisions has also been adopted and
7
Of Absolute and Qualified Property
9
Of the Nature of Laws in general
10
Of Corporations Aggregate and Sole 23847E
11
Of OverSeverity in Punishments
15
Of Companies under the Companies Acts 1862 to 1900
17
Of Patent Rights
21
Of the Power of a Borough to obtain a Court of Quarter Sessions
29
Of Copyright
31
Of Trade Marks and Trade Names
40
V
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 Councils belonging to the Sovereign
64
Of the Legal Capacity of Parties
69
OF THE ECCLESIASTICAL AUTHORITIES
70
Book I
77
Of Felonious Homicide
79
Of the Common Law and the Poor Relief Act 1601
80
Of the Reality of Consensus
81
Of the Privy Council
83
continued PAGE
86
Of Poor Law Settlements
87
Book II
88
SECTION I continued PAGE
89
PART I
92
Of the Administration of the Poor Law
94
CHAP I
95
CHAP II
97
Of the Allowance of the Poor Rate
100
Of the Introduction of that System into England
101
Of the Clergy generally 631
104
Of Larceny by Statute
105
Of the Registration of Births
107
Of the Form of the Contract
108
Of Assault with intent to Rob
111
Of Sales by Factors etc
114
Of Free Socage and its Incidents
115
Of Fraudulent Misappropriations Mutilations and Falsifications
117
CHAP VIII
119
Of the Duties of the Bailee
120
Of Attainder 401
121
Of Industrial and Provident Societies
122
OF THE CIVIL GOVERNMENT 360
124
Of Forgery
125
Of Copyhold
126
Of Public Elementary Education
127
Of the Nature of the Contract
128
Of False Pretences
131
OF FREEHOLD ESTATES OF INHERITANCE
132
44
133
Of the Nature of the Contract
134
Of Fraudulent Debtors
138
Of Estates Tail
139
Of the Definition of the Contract
140
Of Pauper Schools
141
Of Estates for Life Conventional and Legal
145
Of the Recovery of the Penalty
146
Of Hackney and Stage Carriages
147
Of Tenant by the Curtesy of England
151
Of Presentation for Payment
152
Of Conveyances by Water
155
Of Jointure
158
Of the Contract itself
159
continued PAGE
160
Of the Ownership Registration and Transfer of Merchant Ships
164
Of Tenancies from Year to Year
165
Of Fire and Life Insurances
166
CHAP V
167
OF ESTATES UPON CONDITION
171
Of Freight pro ratâ itineris
172
CHAP VI
173
Of Forcible Entry and Detainer
178
Of Estate by Elegit
179
Of the Nature of Bills of Sale
180
continued PAGE
184
Of other Points under the Acts
186
Of the History of Bankruptcy
187
Of Defeating Contingent Remainders
190
Of Reviling the Ordinances of the Church
192
Of the Proceedings subsequent to Adjudication or Receiving
194
OF ESTATES IN SEVERALTY JOINT TENANCY COPARCENARY
197
Of the Crime against Nature
198
Of a Probate Action 649
199
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 IX
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
CHAP VII
221
OF TITLE TO THINGS PERSONAL AND FIRST OF TITLE
223
OF CONVEYANCES BY TENANTS IN TAIL AND MARRIED WOMEN
224
Of the Principles of the Law of Descents
225
Of acquiring Personal Estate by Will and by Administration
226
Of the Censorship of the Press
229
Of the Maxim Seisina facit Stipitem
230
Of the Grant of Administration
232
CHAP VIII
259
OF TITLE BY FORFEITURE
260
CHAP XIV
261
Of Hostile Capture 13
263
Of Alienation by particular Tenants
267
Of Menial Servants
272
Of Quarantine
274
Of the present Law on the subject
275
Of Employers Liability for False Character
280
CHAP XVI
281
CHAP XI
285
Of the Ecclesiastical Jurisdiction over Marriage
286
Of the Reddendum
287
11 Of Redress by the mere Act of the Law
290
continued PAGE
292
Of Solicitors
296
Of Attachments for Contempt
298
OF ORDINARY CONVEYANCES AND FIRST OF THOSE
299
Of the Evidence at the Trial 596
301
Of the Jurisdiction generally
302
Of the Foreign Marriages Act 1892
304
Of the Exchange
307
Of the Courts of the Commissioners of Sewers
309
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 Indictment
329
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 the Legal Disabilities of Bastards
344
Of Deeds to Lead and to Declare Uses
346
Of the Oxford and Cambridge University Courts
348
Of Malice Aforethought
351
Of Guardianship by Nature
352
Of Deeds Acknowledged
353
CHAP XX
357
Of the Origin and History of Parliament
361
Of the Construction of Devises
363
B Of the Existing Modes of Trial
367
Of Lapse 683
368
Of the House of Commons
369
Of the Courts of Lancaster and Durham
370
OF EXTRAORDINARY CONVEYANCES OR THOSE BY MATTER
374
Of the Laws and Customs relating to the House of Lords in par
376
Of the Royal Marines 577
379
Of the Criminal Evidence Act 1898
380
OF TITLE TO COPYHOLDS
381
Of the Qualifications of Electors for Boroughs
384
Of the Forms of Personal Actions
385
Of the Restitution of Stolen Goods
386
Of Devises of Copyholds
388
CHAP VII
391
Of the Punishment or Sentence
392
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
Of Prescription
420
Of the Adjournment Prorogation and Dissolution of Parliament
424
Of the Progress from the earliest Times to the Norman Conquest
427
Of the Extinction of Incorporeal Hereditaments
428
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 the Hereditary Succession to the Crown
443
Of the Progress from Edward I to the Reformation
445
Of the Matters cognizable in Equity
453
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
GENERAL INDEX
467
Of the Limitation of the Royal Authority
477
Equity acts on the Conscience
478
OF REGISTRATION OF TITLE TO LAND
481
Of the Nature of the Royal Prerogative
483
Of the Nature of Trusts
485
INDEX
488
Of his Right of Embassy to Foreign States and of the Law
490
Of Completely Constituted Trusts
493
Of his Right to confine his Subjects within the Realm and
498
Of Incompletely Expressed Trusts
500
CHAP XXVI
501
continued PAGE
505
Of the Estate Duty
507
Of the Administration of Trusts
508
Of his Right as the Fountain of Honour Office and Privilege
511
Of paying the Estate Duty
512
Of the Settlement Estate Duty
514
Of his Right to stamp and regulate the Current Coin
517
Of Simony 685
519
Of Abduction of Females
520
Of the Exchequer
523
Of Legacies
526
Of Mortgages
528
Of the Antient Revenue from Purveyance and Preemption
529
Of a Wifes Equity to a Settlement
535
Of Royal Mines
541
I d
543
Of the Customs
549
Of the Stamp Duties
555
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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