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action administrator aforesaid afterwards alleged appear assignment Assumpsit attachment authority averred bank barratry bond church cited claim common law commonwealth considered constitution contended contract conveyance conveyed corporation Court Court of Sessions creditors damages debt debtor deceased declaration Dedham deed defendant delivered demandant demurrer dollars entitled evidence execution executor facts femes covert fraud fraudulent GEORGE THATCHER granted Hampshire heirs holden incorporation inhabitants intended intestate ISAAC PARKER issue John judge of probate judgment jury justice land legislature liable license Mass ment minister mortgage nonsuit notice objection officer opinion paid parish Parker parties pauper payment person plaintiff plea pleaded possession principle Probate Court promissory note prove question real estate received recover remedy replevin scire facias seisin settled settlement sheriff statute of limitations sufficient suit tenant term thereof tion town trespass trial trustee verdict versus void wife writ
Page 274 - Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without ; so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Page 422 - This ordination we account nothing else, but the solemn putting a man into his place and office in the church, whereunto he had right before by election ; being like the installing of a magistrate in the commonwealth.
Page 4 - ... and the reason is, because the tenant being once in by a lawful title, the law (which presumes no wrong in any man) will suppose him to continue upon a title equally lawful ; unless the owner of the land by some public and avowed act, such as entry is, will declare his continuance to be tortious, or, in common language, wrongful.
Page 203 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 280 - ... or conveyance known only to the law of England. It is what the maritime law expects ; what the Court of Admiralty would in its ordinary practice...
Page 274 - The power we allude to is rather the police power, the power vested in the Legislature by the Constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 228 - The truth is there is no such a thing as a vested right to do wrong; and a Legislature, •which, in its Acts not expressly authorized by the Constitution, limits itself to correcting mistakes, and to providing remedies for the furtherance of justice, cannot be charged with violating its duty or exceeding its authority.
Page 316 - ... months after the end of the term at which the judgment was rendered ; and if the clerk, after beginning to enter a judgment as aforesaid, shall be prevented from completing the record for want of any necessary papers, as mentioned in the preceding rule, he shall make a memorandum of...