An Introduction to Municipal Law: Designed for General Readers and for Students in Colleges and Higher Schools

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Bancroft-Whitney Company, 1883 - Law - 570 pages
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Contents

Components of the English people
27
66
33
Divisions of the Municipal Law having reference to its methods of promul
35
The parties
38
in France
43
General Powers of Courts in the United States
46
Courts never assume to declare a rule of law for all cases but only for
47
Divorce
49
General divisions of this work
55
Action of the Courts when the precedent exactly applies to the case under
58
1st General Assemblies of citizens 2d Representative Assem
61
The common law regarded the parties as legally
64
Representative Assemblies common in all times
65
The power of the Executive he is really a co÷rdinate branch of
73
Theory of this method
78
SECTION IIITHE ORIGIN HISTORY AND JURISDICTION OF
80
Divisions of Statutes in respect to their forms
84
Establishment of the Court of Exchequer
89
Instances of defects and remedies relief against a bond already paid
94
English Court of Chancery
97
General statement of the method by which the Unwritten Law is promulgated
98
State of the law in the Western Empire at the barbarian conquest 600
99
General character of judicial procedure
102
The Romans did not commit the decision of such questions to men drawn
108
OF THE ORIGIN AND USE OF ACTIONS IN COURTS OF EQUITY
111
These folk courts among the Saxons were the germ of the modern English
115
211
124
trial by recognitors or witnesses of the transaction or persons
125
The evidence was afterward required to be offered to them in open court
131
233
137
Origin of these Courts in England
140
66
145
Reasons for this change 289
146
General principles relating to the substance of evidence admissible on trials
155
158162
166
Description and jurisdiction of these Courts
172
Commencement of the action and proceedings against the judgment debtor
178
306
181
What differenced various formulas
184
Interdicts
191
Primitive divisions of actions into Real and Personal
197
Picture of society at the height of feudalism
220
General character of these divisions 386
230
Husband and wife could not be witnesses for or against each other
236
Distinction between competent and credible evidence
241
Purpose of this chapter 356
243
Presumptions of fact
247
Three elements in proving a criminal charge the corpus delicti
253
Proof of the guilty intent and of motive 259
259
Classes of witnesses
265
its nature
271
66
273
Comparison between English and German methods
276
Change of tenure by villanage into copyhold tenure
280
Obligations arising from faults ex maleficio
314
The same method existed in the Roman State
315
Benefits of a comparison of our own with the French system
316
Character of the methods in this division
320
Divisions
335
Comparison in respect to the fixedness and elasticity of their rules 336
336
596
342
No personal laws among the Saxons in Britain
346
Wisbuy
352
General influence of the AngloSaxons upon our law
357
Products of mental labor
359
Object of this chapter
363
Peculiar rights of the Eorl
370
646
372
OF PROPERTY
376
653
377
Folkland and Bocland
383
Slavery in the United States a local institution
386
The King 391
391
The Right of Religious Belief and Worship
392
The Hundred and Shire Courts
397
The power of disregarding these constitutional guarantees of life liberty
398
General character of methods for preventing and punishing crimes pecu
403
meaning
405
The trial compurgation and the ordeal
409
Pecuniary damages for private wrongs
415
Necessity of a knowledge of feudal institutions to an understanding
417
not bring the system with them completed but only the seeds
425
3d In the successions to and inheritances of them comparison between
429
Extent of the system in the ninth tenth and eleventh centuries
433
These benefices or fiefs were originally for life or hereditary
440
Infants their disabilities and powers
445
Oath of fealty
446
Neither could withdraw from the relation without consent of the other
452
Methods included in this division
460
The Roman law is the best example of a complete legal growth
463
798
466
In determining this meaning and the powers of the Government under
468
813
477
66
481
Acknowledgment and recording of deeds in the United States 826
485
490
492
All of these estates may coŰxist 854
498
Conclusion of the sketch of the law in its primitive state
501
Classes of considerations
508
to contracts
513
Degrees of care and negligence
524
527
529
902
530
911
538
Things not subject to private property
544
Donation
550
318323
555

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Page 383 - The power of legislation, and, consequently, of taxation, operates on all the persons and property belonging to the body politic. This is an original principle, which has its foundation in society itself. It is granted by all, for the benefit of all.
Page 384 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive taxation.
Page 358 - For almost five centuries it was appealed to as the decisive authority on behalf of the people, though commonly so far only as the necessities of each case demanded.
Page 367 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 401 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State as to require the nse of its military force and the declaration of martial law, we see no ground upon which this court can question its authority.
Page 359 - To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England upon the esteem of mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtue which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of...
Page 410 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown...
Page 401 - It was a state of war, and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition. And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 92 - The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish.
Page 358 - ... them against blights. On the English nation, undoubtedly, the Charter has contributed to bestow the union of establishment with improvement. To all mankind it set the first example of the progress of a great people for centuries, in blending their tumultuary democracy and haughty nobility with a fluctuating and...

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