Commentaries on the Laws of England, Volume 1

Front Cover
E. Duyckinck, 1827 - Law
 

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Contents

tions
59
As abbey lands
65
To justices of the peace
68
The islands of Wight and of Portland Parishes
75
To lawyers
76
OF THE RIGHTS OF PERSONS
87
Jo civil law considered as distinct persons 444 3 Privileges and disabilities of infants
89
OF CORPORATIONS
95
FREEHOLDS NOT OF INHERI
96
Their duties
111
Aristocracy
113
Public
115
rights respecting persons
122
Right of Personal security
129
Appointment
131
of all lands except copyholds 375 6 By accession
133
How to prove exemptions
135
Right to property
138
181
139
OF THE PARLIAMENT
145
Of the origin of parliaments
146
Why copyholds are not freeholds 148 1 No particular estate necessary to sup
149
Monarchy
153
Distinction between a condition in deed How to compel appearance of tenant
155
Their power
163
Division of subject under seven heads 149 parate rights
166
Qualification of members of both houses 162
178
Advantages and disadvantages of each 49 first act is revived
180
Conditions impossible or contrary to law
184
If precedent grant void
202
Fourthly Matter must be legally and
204
How dissolved
209
Direct
217
Sovereignty or preeminence
224
Office and duty
262
Foreclosure
265
The premises
268
Law of settlements
270
How a will to be signed and witnessed as Copyright protected by statutes
276
389
282
The advantages of the British constitution Acts derogatory of subsequent parliaments
287
Parcel of manor
290
The reddendum
299
No laches imputable to the king 247 Hydages talliages and subsidies
310
Parent and child
321
Estates by statute staple and statute Fourthly unity of possession
329
Warranty
333
The king never dies
345
Espress warranty
349
Legitimate Children
355
Protection
361
Covenants
364
In foreign affairs
365
OF GUARDIAN AND WARD
369
Meuial servants
371
What a compliance with the statute
376
CHAP XI
379
OF THE RIGHTS TO THINGS
383
In sending and receiving ambassadors 253 II The excise duties
1
tion bears to our ancient English law de rationabili parte bonorum spoken
8
Nature and origin of such rights
13
Which is appendant
14
Corporeal
2
Chattels comprehensive meaning of the IV Of title by custom
47
Incidents of copyhold tenures
54
59 The next of kin who are to have the benefit of the statute of distribution must be ascer
59
The feodal polity roade part of the consti Gavelkind
60
Privileged villenage
63
Oy EsTATES in Possession REMAINDER Incidents
66
429
68
Ancient demesne
70
cease
78
OF FREEHOLD ESTATES OF INHERI
88
Mode of its introduction in France
89
A feoffment
99
The term estates define
103
Time of enjoyment of estates
105
CHAP X
108
Estates in possession
116
Their privileges
124
As no freehold can commence in futuro 165 Title to things real
129
Nor in grants of lands to a corporation 108 Common law endowments
135
The laws and customs of the house
139
Canon by which males are preferred
141
Qualifications of electors
171
Naturalborn subjects
183
First in animals ferę naturę
198
The title to them and modes of acquir A modus for one species of tithe no dis
200
Grants
201
Which is called succession in stirpes 217
217
Principal rule of collateral descent
223
Exclusion of half blood
227
Leases
234
Confirmation
240
Statute de donis conditionalibus
254
In making peace and
257
Build forts
263
Pardoning offences
269
Surrenders
273
Gives currency to coin
276
Qualified property propter privilegium 394 VII Title by judgment
283
Unjust extension of the rule
290
Property in action
297
Personal chattels
308
Their allegiance
316
May be limited on an uncertain event 170 Importance of doctrine of descents 201
319
Natural allegiance
322
Their appointment
331
Assignments
333
Title by occupancy
338
Therefore trustees to preserve contingent Lineal which subsists between father son
339
Nor to estates tail
340
Goods found and owner unknown 402 3 Hiring and borrowing
344
General or special tail
345
Emblements
350
Defeasances
359
Tail male or tail female
367
Words necessary to create a fee tail 114 Must be certain in duration
373
NERAL
375
Powers and duties of archbishops 380
380
202
381
Suramary
388
Rights and duties of parson and vicar 391 Disabilities by the canon law These
393
How nobility is created
399
319
415
END OF BOOK II
426

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Page 373 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
Page 16 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 316 - 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...
Page 145 - ... and for default of such issue to the Princess Anne of Denmark and the heirs of her body and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 2 - Franchise and liberty are used as synonymous terms, and their definition is a royal privilege or branch of the king's prerogative, subsisting in the hands of a subject.
Page 105 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate; yet the legislative being only a fiduciary power to act for certain ends, there remains still 'in the people a supreme power to remove or alter the legislative', when they find the legislative act contrary to the trust reposed in them...
Page 104 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Page 368 - 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 287 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.

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