The Law Magazine and Review: For Both Branches of the Legal Profession at Home and Abroad

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Butterworths, 1889 - Law
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Page 263 - Majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination, and no coal shall again be supplied to...
Page 325 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 17 - It is generally agreed that the law of the place where the contract is made is prima facie that which the parties intended, or ought to be presumed to have adopted, as the footing upon which they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention...
Page 147 - That the Government of the United States will look with serious concern and disapproval upon any connection of any European Government with the construction or control of any ship canal across the Isthmus of Darien or across Central America, and must regard any such connection or control as injurious to the just rights and interests of the United States and as a menace to their welfare.
Page 18 - Stereotyped rules laid down by juridical writers cannot therefore be accepted as infallible canons of interpretation in these days when commercial transactions have altered in character and increased in complexity ; and there can be no hard and fast rule by which to construe the multiform commercial agreements with which in modern times we have to deal.
Page 8 - As in other contracts, so in that of marriage, personal capacity must depend on the law of domicil.' It is of course competent for the Court of Appeal to lay down a principle which. if it formed the basis of a...
Page 148 - States, that they will not consent to the subjugation of any of the Independent States of this Continent to European Powers, nor to the exercise of a protectorate over them nor to any other direct political influence to control their policy or institutions.
Page 264 - ... or to some nearer destination, and no coal shall again be supplied to any such ship of war in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid.
Page 10 - It has been doubted whether the personal competency or incompetency of an individual to contract depends on the law of the place where the contract is made or on the law of the place where the contracting party is domiciled. Perhaps in this country the question is not finally settled, though the preponderance of opinion here as well as abroad seems to be in favor of the law of the domicil. It may be that all cases are not to be governed by one and the same rule.
Page 207 - charity " shall mean every endowed foundation and institution taking or to take effect in England or Wales, and coming within the meaning, purview, or interpretation of the statute of the forty-third year of Queen Elizabeth, chapter four, or as to which, or the administration of the revenues or property whereof, the Court of Chancery has or may exercise jurisdiction...

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