Commentaries on the Laws of England: In Four Books, Volume 1

Front Cover
Callaghan, 1876 - Law
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Contents

Of the laws of England
37
OF ESTATES LESS THAN FREEHOLD continued PA
38
ways are a right of going over another mans ground
45
the law of nations regulates the conduct and mutual relations of independent states
49
must be construed strictly when in derogation of the common law
51
CHAPTER
52
penal statutes must be construed strictly
54
NUMBER
55
in these kingdoms this power vested in king lords and commons
56
Of the countries subject to the laws of England
58
OF THE PARLIAMENT continued
60
Isle of Man is distinct from England and governed by its own laws
68
376
71
franchises are royal privileges or branches of the kings prerogative subsist
73
foreign possessions of the crown
74
OF THE RIGHTS OF PERSONS Of the Absolute rights of individuals
77
absolute would belong to persons merely in a state of nature
80
the written law includes statutes acts or edicts of parliament
85
modes of securing these rights or redressing their violation
91
93113
93
Of the Parliament III
94
sions
107
members cannot resign
114
CHAPTER VIII
120
Of the King and his title
125
CHAPTER IX
139
Of the Kings Royal Family
140
Of the Councils belonging to the King
146
Of the Kings duties
150
Of the Kings Prerogative
152
should regularly be convened each year
153
in the exertion of lawful prerogative the king is absolute
159
OF ESTATES IN POSSESSION REMAINDER AND REVERSION continued
172
OF THE KINGS PREROGATIVE continued PAGE
175
229
177
it is created by act of the parties and not of the law
178
Of the Kings Revenue
179
229n 232n
191
constituent parts of parliament 1 the king 2 the lords spiritual
194
laws and customs of parliament as an aggregate body
206
Of Subordinate Magistrates
212
the subject may freely discuss the limit of the prerogative
215
the tenants take by moieties only and there is no survivorship
216
justices of the peace
221
overseers of the poor
227
Of the People whether Aliens Denizens or Natives
231
Of the Clergy
238
the prerogative the special preeminence of the king over all others
240
the fundamental maxim of the feudal system that all lands were granted out
242
387
246
5457
248
Of the Civil State
251
tenancy in common is where there is unity of possession merely but perhaps
252
OF TITLE BY OCCUPANCY 258262
258
Of the Military and Maritime States
259
OF TITLE BY PRESCRIPTION continued PAGE
265
Of Master and Servant XV Of Husband and Wife XVI Of Parent and Child XVII Of Guardian and Ward XVIII Of Corporations
269
Of Title by Descent XV Of Title by Purchase and first by Escheat XVI Of Title by Occupancy 121
272
he is the arbiter of domestic commerce
274
146
279
237
280
366
281
433
282
446
286
460
287
112
296
CHAPTER XVI
298
the canons of descent are
300
121145
307
guardians in socage when the minor is entitled to lands
309
power of parents over children consists principally in correction and con
312
he is generalissimo in military and naval affairs
314
467
315
how corporations created
317
their duties to assist the poor and find employment for those who can work 361
320
by surrender of franchises
327
Of Property in General
329
grand sergeanty differed from chivalry in the service to be performed 73
375
Of the Modern English Tenures
378
OF THE CLERGY continued PAGE
380
93
387
246
389
Of Freehold Estates of Inheritance
393
CHAPTER XII
396
247
400
Of Freeholds not of Inheritance 78
405
120
406
123
407
the militia of each county chosen by lot
413
what persons said to be civilly dead
414
Of Estates less than Freehold
420
140
421
OF MASTER AND SERVANT 422432
422
Of Estates upon Condition
431
152
432
163
434
Of Estates in Possession Remainder and Reversion
440
446459
445
Of the Title to things Real in general
461
195
462
200
464
241
465
212
472
this depends on consanguinity which is either lineal or collateral
479
CHAPTER IV
489
249
494
258
500
Of Title by Prescription
503
Of Title by Forfeiture
506
OF THE CLERGY
507
to sue and be sued grant and receive c by the corporate name
508
Of Title by Alienation
519
397
525
Of Alienation by Deed
527
the conclusion
533
OF INCORPOREAL HEREDITAMENTS
542
corporations aggregate must appear by attorney
547
296
549
Of Alienation by Matter of Record
560
346
561
Of Alienation by Special Custom
572
Of Alienation by Devise
576
376396
578
297
581
Of Things Personal
586
Of Property in Things Personal
588
398
594
Of Title to Things Personal by Occupancy
596
17
601
Of Title by Prerogative and Forfeiture
602
Of Title by Custom
609
202
613
Of Title by Succession Marriage and Judgment
614
Of Title by Gift Grant and Contract
621
a surrender is the yielding up of an estate for life or for years to him that
625
a lease which is a conveyance for life for years or at will but usually
642
467485
643
105
644
Of Title by Bankruptcy
646
475n
649
secondary or derivative conveyances at the common law are
656
Of Title by Testament and Administration
658
PAGE
659
000
660
an executor is he to whom another man commits by will the execution of that
666
after the debts legacies must be paid so far as assets extend
672
267
675
287
676
422
677
when the debts and legacies are discharged the surplus goes to the residu
678
440
679
Vetus Carta Feoffamenti 521 II A Modern Conveyance by Lease and Release 521
683
An Obligation or Bond with Condition for the Payment of Money 527
689
A Common Recovery of Lands with double Voucher 529
691

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