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 Cruelty to Children 215
xcvi
Of his Right to establish Markets and Fairs
xcvii
OF THINGS PERSONAL IN GENERAL AND OF PROPERTY THEREIN
cxii
Of Police Supervision
cxxiv
Of the History and Progress of our Military System 566
clxx
Introduction
1
Of the Proceedings subsequent to Adjudication or Receiving
2
Of the Distinction between Crimes and Civil Injuries
3
continued
4
judicial decisions has also been adopted and
7
Of Choses in Possession and in Action
9
Of Bylaws
11
Of OverSeverity in Punishments
15
Of Patent Rights
21
Of the Power of a Borough to obtain a Court of Quarter Sessions
29
Of Principals in the First and in the Second Degree
30
Of Copyright
31
Of Homicide
37
Of Trade Marks and Trade Names
40
Of the Alienability of Personal Property
46
Of the maxim Nemo dat quod non habet
53
Of Malice Aforethought
56
Of the Intention to create Legal Relations
60
Of Petit Treason
63
9943
65
Of Chapels 705
68
Of the Legal Capacity of Parties
69
OF THE ECCLESIASTICAL AUTHORITIES
70
OF THE SOCIAL ECONOMY OF THE REALM
75
Book I
77
Of Kidnapping and Child Stealing
78
Of Death
79
Of the Common Law and the Poor Relief Act 1601
80
Of the Reality of Consensus
81
Of Publication of a Libel
84
continued PAGE
86
Of Poor Law Settlements
87
Book II
88
SECTION I continued PAGE
89
OF THINGS REAL
92
Of the Administration of the Poor Law
94
Of the Remedies for Breach of Contract
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 Copyhold
121
Of Industrial and Provident Societies
122
Of Forgery
125
Of Public Elementary Education
127
Of the Nature of the Contract
128
Of Antient Demesne
129
Of False Pretences
131
Of the Nature of the Contract
134
Of Fee Simple Base and Conditional
136
Of Fraudulent Debtors
138
Of the Definition of the Contract
140
Of Pauper Schools
141
Of Taltarums Case
142
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 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
Of Fire and Life Insurances
166
OF ESTATES UPON CONDITION
171
Of Freight pro ratâ itineris
172
Of Pilotage
173
Of Forcible Entry and Detainer
178
Of Estate by Elegit
179
Of the Nature of Bills of Sale
180
continued PAGE
184
Of Corporations Aggregate and Sole
185
Of other Points under the Acts
186
Of Defeating Contingent Remainders
190
Of Reviling the Ordinances of the Church
192
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 VII
211
Of the Doctrine of Uses prior to the Statute of Uses
212
Of Houses of Correction
213
Of Taking up Dead Bodies
217
Of the Estate of the Trustee
218
Of the Licensing Acts
219
OF TITLE TO THINGS PERSONAL AND FIRST OF TITLE
223
OF CONVEYANCES BY TENANTS IN TAIL AND MARRIED WOMEN
224
Of Refreshment Houses
225
Of acquiring Personal Estate by Will and by Administration
226
Of Escape and Prison Breach
227
Of the Censorship of the Press
229
Of Compounding of Felony
231
Of the Principles of the Law of Descents
232
1 Of the Medical Profession
235
Of the Grant of Administration
239
Of Primogeniture
244
Of the Representative Character of Executors and Adminis
245
Of Hostile Capture 13
263
Of Alienation by particular Tenants
267
Of Menial Servants
272
Of the present Law on the subject
275
Of County Councils
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
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 Parish Councils and Parish Meetings
300
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 CONVEYANCES UNDER THE STATUTE OF USES
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 the Legal Disabilities of Bastards
344
Of Deeds to Lead and to Declare Uses
346
Of the Oxford and Cambridge University Courts
348
Of Guardianship by Nature
352
Of Deeds Acknowledged
353
CHAP IV
357
OF THE CIVIL GOVERNMENT
360
A Of the now Obsolete Modes of Trial
361
Of the Construction of Devises
363
Of the House of Lords
366
B Of the Existing Modes of Trial
367
Of the Courts of Lancaster and Durham
370
Of the Privileges of Parliament
372
OF EXTRAORDINARY CONVEYANCES OR THOSE BY MATTER
374
Of the Court of Appeal
376
Of the Laws and Customs relating to the House of Commons
378
OF THE ROYAL REVENUE
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
Of Vaccination for Small
389
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 REPRIEVE AND PARDON
411
Of Rents
413
Of Vacating a Seat in Parliament
415
Of the Exchequer
416
Of the Liability of Members and Directors
419
Of Prescription
420
Of the Manner of carrying into Execution a Sentence of Death
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
3359
440
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
Of the Councils belonging to the Sovereign
466
GENERAL INDEX
467
Of other Committees of the Privy Council
474
Equity acts on the Conscience
478
Of the Free Administration of the Law in the Courts of Justice
480
OF REGISTRATION OF TITLE TO LAND
481
Of the Nature of Trusts
485
Of the Maxim that the King can do no wrong
486
67
487
INDEX 715
488
Of his Right to make Treaties
493
Of his Right to appoint Ports and Havens
499
Of Incompletely Expressed Trusts
500
CHAP XXVI
501
Of the Estate Duty
507
Of the Administration of Trusts
508
Of paying the Estate Duty
512
Of the Settlement Estate Duty
514
Of the Custody of the Temporalities of Bishops
524
Of Legacies
526
Of Mortgages
528
Of Profits from Forests
530
247
532
Of a Wifes Equity to a Settlement
535
255
541
Of Forfeitures and Deodands
542
I d
543
Of the Customs
549
Of the Statutes of Limitation as applicable to Things other than
550
Of the Stamp Duties
555
Of the Mode of Commencing an Action
560
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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