Commentaries on the Laws of England: In the Order, and Compiled from the Text of Blackstone : and Embracing the New Statutes and Alterations to the Present Time

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Saunders and Benning, 1840 - 700 pages

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Contents

of with England by the name of Great Britain Preservation of
17
and nature of parliaments The constituent parts of a parliament
35
of the king His prerogative powers Power to appoint ambassadors
45
petual taxes as the customs the excise duties the postoffice the stamp
53
and ministerial duties and the provisions of 3 4 Wm 4 c 99 thereon
64
allegiance Of the relative rights of natural born subjects and of aliens
67
thereon of 1 2 Vict c 106 Of the ranks and degrees in ecclesiastical
76
prentices Of masters and workmen Of labourers Of the rights
83
to damage done by rioters feloniously and 7 8 Geo 4 c 30 as
84
children and their legal liabilities Provisions of 6 7 Wm 4 c 86
90
CHAPTER XVIII
92
and eleemosynary Provisions of the municipal corporations act
97
OF THE RIGHTS OF THINGS
98
by wounding by mayhem and the remedies Of injuries to health
102
recovery of advowsons by 3 and 4 Wm 4 c 27 and 4 5 Wm 4 c 39
113
OF THE FEODAL SYSTEM
114
CHAPTER V
120
of grand sergeanty and the tenure by copy of court roll reserved
133
estates of freehold Of tenants in fee simple Sense of the word
141
or grant Of estates for life determinable upon contingencies
147
estates upon condition expressed The distinction between a condition
156
Of estates in possession remainder and reversion Of estates in pos
157
session Of estates in remainder Rules to be observed in the creation
164
connections of the tenants Of estates in severalty Of estates in joint
170
ditary succession Of lineal and collateral consanguinity Of
185
descent and provisions of 3 4 Wm 4 c 106 as to heirs entitled
190
tion Provisions of 2 3 Wm 4 c 71 and c 100 shortening the time
196
CHAPTER XIX
207
a deed may be avoided Of the several species of deeds and their
228
Requisites for obtaining private acts of parliament Of the kings grants
235
Of admittance upon a voluntary grant upon surrender upon descent
238
thereon The old statute of wills Provisions of new statute of wills
246
Geo 3 c 100 relative thereto The case of the Canadian pri
366
personal property in possession and the remedies Of the process of
379
HEREIN OF THE REMEDY BY EJECTMENT
382
CHAPTER XIII
392
disturbance of ways and disturbance of tenure Of approving
402
actions of ejectment quare impedit and writ of right of dower Of
410
appear in court as now regulated by the Uniformity of Process
419
Limitation Provisions of Lord Tenterdens Act 9 Geo 4 c 14 as
434
as to the venire and habeas corpora juratorum and distringas Provisions
446
Of a special case Of the discharge of the jury 439 to
456
variance if declaration does not pursue the writ or verdict differs mate
465
writ of error Provisions of 6 Geo 4 c 96 s 1 11 Geo 4
468
writs of execution and the provisions of 1 2 Vict c 110 extending
476
nature of equity as now understood and practised Of the mode of proof
485
of will arising from defect of understanding Of neutrality of will from
490
of the church Of nonconformity to the established church Of pro
498
Of violation of safe conducts Of infringement of the rights of
499
original meaning of præmunire and the punishment now fallen into
509
justice Of embezzling vacating or falsifying records and provisions
518
thereon Of affrays Of riots routs and unlawful assemblies
522
this offence Of fraudulent bankruptcy and provisions of 6 Geo
528
and the provisions of 9 Geo 4 c 69 as to taking or destroying game
533
cide Of homicide committed for advancement of public justice
543
OF THE MEANS OF PREVENTING OFFENCES
566
Wm 4 c 96 as to appeals to petty sessions against poor rates
576
When they may discharge When they are bound to accept bail Where
586
by coroners jury and by the sheriffs tourn Of the indictment which
592
by warrant by officers without warrant as justices sheriffs coroners
593
to the indictment Of plea in abatement and provisions of 7 Geo
598
the provisions of this act respecting it Provisions of 7 Wm 4
606
and provisions of 7 8 Geo 4 c 64 thereon Of reversing attainders
611
visions of 9 Geo 4 c 31 2 3 Wm 4 c 75 4 5 Wm 4 c 26
651

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Page 241 - 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 310 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 294 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 240 - No obliteration, interlineation, or other alteration, made in any will after the execution thereof, shall be valid, or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the will...
Page 242 - Bequest 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.
Page 241 - That in any devise or bequest of real or personal estate the words " die without issue," or " die without leaving issue," or " have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue...
Page 300 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Page 239 - ... in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 26 - That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.
Page 135 - 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 the will, in such real estate, unless a contrary intention shall appear by the will.

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