The British Constitution, Or an Epitome of Blackstone's Commentaries on the Laws of England, for the Use of Schools. By Vincent Wanostrocht

Front Cover
Longman, Hurst, Rees, Orme, and Brown, 1823 - Constitutional law - 845 pages
 

Contents

Of Disturbance
511
Of Injuries proceeding from or affect ing the Crown
518
Of the Pursuit of Remedies by Action and first of the Original Writ
525
Of Process
530
Of Pleading
539
Of Issue and Demurrer
547
Of the several Species of Trial
552
Of the Trial by Jury
559
Of Judgment and its Incidents
571
Of Proceedings in the Nature of Appeals
578
Of Execution
582
Of Proceedings in the Courts of Equity
590
BOOK IV
611
Of the Persons capable of committing Crimes
616
Of Principals and Accessories
621
Of Offences against God and Religion
626
Of Offences against the Law of Nations
639
Of High Treason
643
Of Felonies injurious to the Kings Prerogative
644
CHAPTER PAGE VIII Of Prĉmunire
648
Of Misprisions and Contempts affect ing the King and Government
652
Of Offences against Public Justice
658
Of Offences against the Public Peace
668
Of Offences against Public Trade
674
Of Offences against the Public Health and the Public Police or Economy
679
Of Homicide
690
Of Offences against the Persons of In dividuals
703
Of Offences against the Habitations of Individuals
705
Of Offences against Private Property
710
Of the Means of Preventing Offences
725
Of Courts of a Criminal Jurisdiction
730
Of Summary Convictions
742
Of Arrests
747
Of Commitment and Bail
753
Of the Several Modes of Prosecution
757
Of Process upon an Indictment
765
Of Arraignment and its Incidents
769
Of Plea and Issue
773
Of Trial and Conviction
779
Of the Benefit of Clergy
788
Of Judgment and its Consequences
793
Of Reversal of Judgment
799
Of Reprieve and Pardon
801
Of Execution
806
Of the Rise Progress and Gradual
808

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Page 39 - 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 229 - An estate at will is where lands and tenements are let by one man to another, to have and to hold at the will of the lessor; and the tenant by force of this lease obtains possession b.
Page x - But that a science, which distinguishes the criterions of right and wrong ; which teaches to establish the one, and prevent, punish, or redress the other ; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart ; a science, which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community...
Page 157 - The eleemosynary sort are such as are constituted for the perpetual distribution of the free alms, or bounty, of the founder of them to such persons as he has directed. Of this kind are all hospitals for the maintenance of the poor, sick, and impotent ; and all colleges, both in our universities and out" of them : which colleges, are founded for two purposes ; 1.
Page 681 - Eaves-droppers, or such as listen under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales...
Page 5 - I therefore style these parts of our law leges non scripts, 'because their original institution and authority are not set down in writing, as acts of parliament are, but they receive their binding power, and the force of laws, by long and immemorial usage, and by their universal reception throughout the kingdom.
Page 213 - A base, or qualified fee, is such a one as hath a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end. As, in the case of a grant to A. and his heirs, tenants of the manor of Dale; in this instance, whenever the heirs of A.
Page 31 - THE security of his reputation or good name from the arts of detraction and slander, are rights to which every man is entitled, by reason and natural justice ; since without these it is impossible to have the perfect enjoyment of any other advantage or right.
Page 697 - And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is presumed to be malicious, until the contrary appeareth upon evidence1.
Page 821 - For in his time the law did receive so sudden a perfection, that sir Matthew Hale does not scruple to affirm ', that more was done in the first thirteen years of his reign to settle and establish the distributive justice of the kingdom, than in all the ages since that time put together.

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