Commentaries on the Laws of England, Volume 1

Front Cover
Bancroft-Whitney Company, 1915 - Law
 

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Contents

35 Hints to the law student
49
43 a Definition of municipal law 44
69
a Nature of civil government 47
82
e Forms of government 49
85
t 6L a Declaratory part 54
94
01 THE LAWS OF ENGLAND
107
f Divisions of the common law 67
113
a Precedents 69
116
d Writings of the sages of the law 72
125
a Lex mercatoria 75
137
a Civil or Roman law 80
143
no bb To acts of parliament 84
149
1 Public acts 85
150
8 Effect of repeal of a repealing act 90
156
OT THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND
162
c The town of Berwick 98
168
b Jersey Guernsey Sark and Alderney 106
177
b Proprietary governments 108
181
b Parishes
187
t Hundreds 115
193
Of the Absolute Rights of Individuals 121
199
Division of these Commentaries 122
205
d Civil liberty in England 126
213
aa Life 129
220
ff Forfeiture of life 133
228
ee Banishment 137
237
ee Bight to bear arms 143
246
Of the Parliament 148
248
b Constituent parts of parliament 153
258
J232 2 In election of members 170
279
a Qualifications of electors 171
281
b Qualifications of members of house of com
287
b By demise of the crown 188
302
Of the King and His Title 190
304
Historical review of the rulers of England 196
310
a The Norman Conquest 199
313
b Henry VIII 15091547 205
320
293 a Character of the revolution 212
327
3 Act of Succession to the Crown 1707 216
331
The heir apparent 223
339
The Cabinet 230n
346
Privileges of privy counselors 232
348
Of the Kings Prerogative 237
355
a Protection of the subject 243
363
Executive department of government 250
372
Jurisdiction over diplomatic
378
4 Letters of marque and reprisal 258
384
b Trinoda neccssitas 263
390
g The kings proclamations 270
398
3g8 b Weights and measures 274
405
b Nomination of bishops 280
411
Of the Kings Revenue 281
412
408 g Royal fish 290
421
j Treasuretrove 295
427
n Escheats 302
436
p Decline of the kings ordinary revenue 306
442
iv Ecclesiastical subsidies 311
447
b Internal revenue or excise 318
453
e Stamp duties 323
459
a Expenses of the civil list 332
468
The existing situation as to the kings prerogative 337
474
b Bailiffs 845
484
b Appointment of justices 351
491
a Appointment of highway surveyors 358
498
OF THE PEOPLE WHETHER ALIENS DENIZENS OR NATIVES
507
CHAPTER XI
523
Of the Clergy 376
528
Ecclesiastical orders 377
529
2 Dean and chapter 382
535
b Presentation 388
541
Of the Civil State 396
549
f Creation of peers 399
553
OP THE MILITARY AND MARITIME STATES
563
10 Military offenses 415
571
b Discipline in the navy 420
577
b Menial servants 425
587
e Stewards factors and bailiffs 427
589
2 Scope of employment 430
595
CHAPTER XV
601
b Civil disabilities 435
610
e Dissolution of marriage 440
620
b Divorce a mensa et thoro 440
623
OF PARENT AND CHILD
635
b Duty of support under English law 448
641
2 Bastards born during wedlock 457
653
Of Real Property and First of Corporeal Hereditaments 16
726
1 Corporeal hereditaments 17
732
Of Incorporeal Hereditaments 20
736
Kinds of incorporeal hereditaments 21
738
2 By discharge by custom or prescription 29
746
f39 3 Common because of vicirage 33
752
J 46 5 Offices 36
758
10 Bents 41
770
Of the Feudal System 44
774
a Feudal tenure supplants allodial ownership 47
780
Theory of the feudal system 53
786
Of the Ancient English Tenures 59
795
aa Wardship of the lands 67
806
CHAPTER VI
817
Of Modern English Tenures 78
818
c Gavelkind 84
825
Estates 103
849
estatestail 110
861
Of Freeholds not of Inheritance 120
873
b Relative advantages of dower and jointure 138
898
Of Estates Less Than Freehold 140
900
Computation of time 140
902
e Incidents of an estate for years 144
908
Of Estates upon Condition 152
915
a Vivum vadium 157
922
a Chattels real 161
929
Of Estates in Possession Remainder and Reversion 163
931
a Rules on the creation of remainders 163
933
e Freeholds limited only on freeholds 171
940
a Incidents of reversions 175
949
Of Estates in Severalty Joint Tenancy Coparcenary and Common 179
953
6 Doctrine of survivorship 183
959
b Partition 189
965
Of the Title to Things Real in General 195
973
282 Title by limitation 198
981
Of Title by Descent 200
984
a Consanguinity 202
986
inheritances lineally to issue
995
collateral descent to blood
1007
317 aa Reason for excluding half blood 228
1015
preference of male stocks
1022
Of Title by Purchase and First by Escheat 241
1029
CHAPTER XVI
1049
Of Title by Occupancy 258
1050
b Common occupancy abolished special occupancy
1055
Of Title by Prescription 263
1061
Of Title by Forfeiture 267
1069
Of Title by Alienation 287
1098
Of Alienation by Deed 295
1112
412 a Origin of express warranties 301
1121
g Delivery of the deed 306
1127
aa Livery in deed 315
1139
aaa Effect of disabling
1145
Of Alienation by Matter of Record 344
1183
b Construction of royal grants 347
1184
j491 4 Improvements desirable 360
1201
Of Alienation by Special Custom 365
1206
501 b Presentment 309
1210
Of Alienation by Devise 373
1229
Of Property in Things Personal 389
1237
b Property in air light and water 395
1243
Number of owners of personal property 399
1249
Of Title to Things Personal by Occupancy 400
1251
CHAPTER XXVII
1263
Of Title by Prerogative and Forfeiture 406
1265
a Forest and game laws 413
1272
Of Title by Custom 422
1282
Of Title by Succession Marriage and Judgment 430
1305
622 b Promissory notes 467
1350
631 to Only traders within the law in England 473
1359
641 A Examination of bankrupt 481
1367
CHAPTER XXXII
1373
Of Title by Bankruptcy 471
1375
f655 Origin and history of administrations 495
1382
a Infants and non compotes mentis 497
1385
b Wills inoperative before death 502
1392
a Executor de son tort 507
1398
g Legacies 512
1405
Vetus Carta Feoffamenti i II A Modern Conveyance by Lease and Release i
1419
Deed of Release iii
1421
HI An Obligation or Bond With Condition for the Payment
1433
Proclamations Indorsed upon the Fine According
1437
of Money xiii
1448
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Page 90 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 509 - There shall be a firm and perpetual Peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other...
Page 272 - That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.
Page 626 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Page 78 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action; (2) Every law that aggravates a crime, or makes it greater than it was, when committed...
Page 909 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession.
Page 161 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 708 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 174 - Parliament assembled, and by the authority of the same, that the said right claimed by the people of Ireland, to be bound only by laws enacted by His Majesty and the Parliament of that Kingdom , in all cases whatever...
Page 220 - The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.

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