New Commentaries on the Laws of England: (partly Founded on Blackstone)

Front Cover
Butterworths, 1863 - Law
 

Contents

Of the Laws of England
41
Book IV
43
Of the Statute of Frauds as regards Contracts of Sale
54
Of a Plea in Abatement
56
Of Archbishops and Bishops
67
Of Motions
68
Of the Doctrine of Uses and Trusts since the Statute
70
Of implied Warranties on Sales
75
Of a Dean and Chapter
76
Of Hospitals
79
Of Treason
81
Of the Countries subject to the Laws of England
85
Of the Excise
90
Of the Revolution of 1688
92
Of Estates granted on Express Condition whether precedent or sub
93
OF THE ROYAL FAMILY
105
Of the different Degrees of Negligence for which Bailees in different
110
Of Archdeacons
120
Of the Poor Law Amendment
124
Of the Saxon Courts
129
Of Special Property in Bailees
132
Of the Manner in which the royal Grant may be avoided or Redress
135
Book I
139
OF PUBLIC RIGHTS
142
Of the History of the Bankrupt
145
Of the Writ of Procedendo
153
Book II
156
PART II
158
PART I
172
CHAP X
175
Of the Effect of the Bankruptcy on the Property of the Bankrupt
176
Of the Feudal System
177
Of the Introduction of that System into England
185
Of the different sorts of Tenure
191
Of acquiring personal Estates by Will and by Administration
193
Of collecting the Assets
195
Of the Marriage Acts
199
Of Free Socage and its Incidents
209
Of Assault with intent to
211
Of Petit Serjeanty Tenage in Burgage and Gavelkind
215
Of Courts generally
218
OF THE CIVIL GOVERNMENT
222
Of the Antient Villenage
225
Of the Liberty of the Press
227
Of Obtaining Money by False Personation
229
Of Tenure in Frankalmoign
231
Of Misprision of Treason
232
CHAP III
235
Of a Fee
237
Of Fees Simple Absolute Base and Conditional
243
Of Discharging Fire Arms or Missiles c at the Queen
250
Of Estates Tail
252
Of the Navigation Acts
256
in Equity
257
OF FREEHOLD ESTATES NOT OF INHERITANCE
260
Of Divorce
264
Of Emblements
265
Of Tenant in Tail after Possibility of Issue extinct
267
Of the Privileges of Parliament
269
Of Lighthouses Beacons and Sea Marks
270
Of Judicial Separation
273
OF THE LAWS RELATING TO THE SANATORY CONDITION OF THE PEOPLE
277
Of Desertion or Seducing to Desert
280
OF ESTATES LESS THAN FREEHOLD
286
Of Interesse Termini
293
Of Conditional Limitation
300
CHAP XIII
301
CHAP VI
305
Of Compounding of Felony
313
Of Selling Unwholesome Provisions
314
Of the Trial and Evidence
316
Of the present Power of bequeathing Personalty
319
Of an Estate in Possession
321
OF ESTATES IN SEVERALTY JOINT TENANCY COPARCENARY
343
Of the Courts of Criminal Jurisdiction in general
348
Of the Charitable Trusts Acts
349
Of an Estate in Coparcenary
351
Of an Estate in Common
357
Of a Suit in Chancery
359
Of the Laws and Customs relating to the House of Lords in particular
360
CHAP I
361
Of the Qualifications of Electors for Counties
366
Of Informations in the Name of the AttorneyGeneral
369
Of Lands Tenements and Hereditaments
377
Of the Court of General Quarter Sessions of the Peace
378
Of the Manner of Election for Counties
385
CHAP X
389
Of Next of
410
Of the Preference of the Paternal Line to the Maternal
415
Of Whole and Half Blood
422
Of a Presentment
425
Of certain special Cases of Descent
428
Of Entry by the Heir
432
Of the Court of Bankruptcy
433
Of Proceedings in Error
435
CHAP XII
439
Of the Inspectors of Gaols
443
Of Naturalborn Subjects
444
Of the Nature and Principle of Escheat in General
445
Of Forfeiture to the Crown on Attainder for Treason or Murder
447
Of Corruption of Blood
450
OF THE ROYAL FORCES
452
OF TITLE TO THINGS PERSONAL AND FIRST OF TITLE BY OCCUPANCY
453
CHAP XIV
461
Of Collation
463
Of Parish Churches
464
Of Title by Accession
467
Of Gifts to Charitable Uses
470
CHAP V
473
Of the Antient State of the Law as to the Power of Alienation
479
Of Monsters
482
Of the Nature of Deeds
486
ment
487
Of the Description of the Thing conveyed or granted
492
Of Covenants
501
Of Execution
505
Of his Right of Embassy to Foreign States and of the Law
506
CHAP XVII
507
Of his Right to make Treaties
512
Of his Right to reject Laws
518
Of the different Kinds of Conveyances
519
ibid
521
Of Interest
524
Of an Exchange
525
6
532
Of a Surrender
534
Of his Right to establish Markets and Fairs
537
Of the Principle of a Conveyance under the Statute of Uses
540
Of a Bargain and Sale
541
Of a Grant to Uses
547
Of the Exchequer
548
18
553
Of the Demesne Lands of the Crown
554
OF CONVEYANCES BY TENANTS IN TAIL AND MARRIED WOMEN
565
Of the Motion by way of Interpleader
570
Of Profits from Courts of Justice
571
156
572
Of the Progress from the earliest Times to the Norman Conquest
576
Of the Substitutes provided by the Fine and Recovery
583
Of the Progress from the Reformation to the Restoration
591
Of the Writ of Scire Facias
593
Of Devises generally
596
Of limited or special Administration
599
Of the Progress from the Restoration to the Revolution
600
Of Infancy
603
Of the Construction of Devises
609
Of Limitations as to Entry or Distress and Suits for the Recovery
611
Of the Operation of Devises in Conveying Real Estate
617
Of The Passengers Act 1855
619
Of Royal Grants
623
CHAP XXII
633
Of the Violation of SafeConducts
635
Of Forfeiture of Goods and Chattels on Capital and other Felonies
637
Of the Capacity to be Testator
647
Of the House of Lords
649
Of Incorporeal Hereditaments in general
657
Of Ways
667
Of the Power and Jurisdiction of Parliament
668
Of Rents
682
Book III
683
Of the Church Building Acts
688
Of the Law of Incorporeal Hereditaments generally considered
692
ibid
695
CHAP XI
697
Of Administration de bonis
711
Of a Principal in the First Degree
714
Of the Conveyance of Equitable Estate in Copyholds
715
Of Estates at Sufferance 299
718
236
720
CHAP XXV
722
Of Prescription under 2 3 Will 4 c 71
725
562
728
Of the difference between them in respect of Rights and Duties
731
Of Reprieve
734

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Page 157 - Is not the whole land before thee? separate thyself, I pray thee, from me : if thou wilt take the left hand, then I will go to the right ; or if thou depart to the right hand, then I will go to the left.
Page 609 - And be it further enacted, that where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.
Page 607 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 335 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 612 - ... manner, shall be construed to include any real estate, or any real estate to which such description shall extend as the case may be, which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Page 103 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 115 - England as by law established : that, in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the crown of England, without the consent of Parliament...
Page 613 - ... Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description required for obtaining a vested Estate by a preceding Gift to such Issue.
Page 103 - ... the King and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, payable in any of his Majesty's colonies, provinces, and plantations in North America or the West Indies, except only such duties as it may be expedient to impose for the regulation of commerce, the net produce of such duties to be always paid and applied to and for the use of the colony, province, or plantation in which the same shall be respectively levied, in such manner as other duties collected...
Page 610 - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.

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