Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly Founded on Blackstone)

Front Cover
Butterworths, 1903
 

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Contents

continued PAGE
lxxvii
98
lxxx
Of Penal Servitude
lxxxii
Of the History and Progress of our Military System
lxxxv
Of the Royal Marines
xci
Of Cruelty to Children
xcvi
577
xcvii
TABLE OF CASES
xcix
continued
c
567
cvi
Of Fire and Life Insurances
cxiii
Of the Trial
cxv
Of the Remedy by Writ of Extent
cxxi
Of Refunding Premiums
cxxv
OF MAGISTRATES AND OTHER PUBLIC OFFICERS
cxxx
Of the Writ of Scire Facias
cxxxvi
Of the Nature of Offices in general
cxl
680
cxlix
604
cl
Corroboration of Witness
cliii
Of Primary and Secondary Evidence
clix
613
clxiii
Of Presumptions
clxx
622
clxxiv
Of Trial before a Judge
clxxx
Of Trial before an Official or Special Referee
cxciii
Introduction
1
judicial decisions has also been adopted and
7
Of the Nature of Laws in general
10
Generally
13
SECTION III
17
Of Patent Rights
21
Of Copyright
31
Of Ecclesiastical Registration
32
Of the House of Lords
34
Of Trade Marks and Trade Names
40
A In Actions commenced by Writ of Summons 639
46
Of the Nature of a Sale
64
1
65
OF THE SOCIAL ECONOMY OF THE REALM
75
Book I
77
Of Civil Registration
78
Of Homicide
79
Of Arson
87
Book II
88
xxviii
90
PART II
92
CHAP I
95
Of Sacrilege and Housebreaking
97
Of Larceny by Statute
105
Of Implied Warranties and Conditions
108
Of Extorting Money by Threats Accusations
112
Of the Introduction of that System into England
119
Of the Laws relating to Navigaticn
120
OF THE CIVIL GOVERNMENT 360
124
Of Malicious Mischief
125
Of Copyhold
126
Of Fraudulent Concealment of Deeds or Falsification of Pedigree
132
CHAP III
133
Of Fraudulent Debtors
138
Of Estates
139
Of Estates of Freehold
145
Of Misprision of Treason
151
Of Contempts against the Title of the King
159
CHAP V
161
SECTION IV
166
Of a Bill of Lading
170
Revised by EDWARD JENKS Esq
171
CHAP VI
173
SECTION XII
176
OF ESTATES IN POSSESSION REVERSION AND REMAINDER
180
Of the History of Bankruptcy
187
Of Contingent Legacies 254
191
Of the Proceedings subsequent to Adjudication or Receiving
194
OF ESTATES IN SEVERALTY Joint TENANCY COPARCENARY
197
148
199
Of the Effect of the Bankruptcy on the Property of the Bankrupt
204
Of Tenancy in Common
205
CHAP IX
211
Of the Bankrupts Discharge
215
Of the Origin and Nature of Uses and Trusts
218
CHAP VII
221
SECTION XIII
222
Revised by EDWARD JENKS Esq
224
OF TITLE BY CONTRACT
225
CHAP I
227
Of the Capacity to be a Testator
232
SECTION 1
233
1 Of Redress by the mere Act of the Parties
241
Of the Grant of Administration
242
CONTRACTS IN GENERAL
243
Of the Residue
250
CHAP XII
251
July 1903
254
OF TITLE TO THINGS PERSONAL AND FIRST OF TITLE
255
continued
256
CHAP XIII
257
Of the Clergy generally 631
261
Of Shares in Public Undertakings Connected with Land
267
Of Gifts to Charitable Uses
269
Of Menial Servants
272
Of Municipal Corporations
277
Of Marriage Settlements
279
Of Employers Liability for False Character
280
Of the Court Leet or View of Frankpledge
282
Of the Foreign Marriages Act 1892
304
Of the Exchange
307
Of the County Courts
311
Of the Married Womens Property Acts 1870 1882 1893
312
Of the Liability of the Husband for the Wifes Torts
318
OF CONVEYANCES UNDER THE STATUTE OF USES
319
Of Separation Deeds
321
Their Equitable Jurisdiction
323
Of the Meaning of Bailment
326
149
328
OF PARENT AND CHILD
331
Of the Fine and Recovery
339
Of Estates in Fee Simple Absolute
347
Of the Oxford and Cambridge University Courts
348
Of Burgesses
350
Of Malice Aforethought
351
Of the Origin of Banks
353
continued
356
CHAP IV
357
Of Real Actions
358
Of the Origin and History of Parliament
361
CHAP XXI
365
Of the House of Commons
369
Of the Courts of Lancaster and Durham
370
OF EXTRAORDINARY CONVEYANCES OR THOSE BY MATTER
374
ticular
376
Of Publication of a Libel
379
88
380
CHAP XXII
383
Of the Qualifications of Electors for Boroughs
384
Of the Forms of Personal Actions
386
CHAP XIX
387
Of Devises of Copyholds
392
Of Injuries affecting Personal Rights
393
Of the Disqualifications of Electors
394
Of issuing the Writs for Elections
401
Of Corrupt and Illegal Practices Hegal Practices
407
218
414
Of Vacating a Seat in Parliament
415
continued PAGE
416
Of Incorporeal Hereditaments in general
418
SECTION V
419
4 Of Waste and of the Remedy therefor
421
Of the Adjournment Prorogation and Dissolution of Parliament
424
Of Ways
426
Of the Progress from the earliest Times to the Norman Conquest
427
THE CONTRACT OF LOAN
430
Of the Monarchs Duty to govern according to Law Of the Coronation Oath
431
Of Acceptance supra Protest
434
Of the Progress from the Norman Conquest to Edward I
435
Of Natural Born Subjects
437
Of the Hereditary Succession to the Crown
443
Of Injuries affecting Rights in Private Relations
445
Of Injuries affecting Public Rights
451
200
454
Of the Exclusion Bill
455
Of the Subjects of Equitable Jurisdiction
457
Of the Settled Land Acts
458
Of the Settled Land Actscontinued
460
Of the Husband of a Queen Regnant
461
Of Perpetuating Testimony
463
Of the Councils belonging to the Sovereign
466
GENERAL INDEX
467
Equity acts in personam
469
Of Limitations to Uses in general
471
Equity regards that as done which ought
476
Of the Limitation of the Royal Authority
477
OF REGISTRATION OF TITLE TO LAND
481
Of the Registration of Births
482
Of the Nature of the Royal Prerogative
483
Of Corporations Aggregate and Sole
484
Of the Bar of his Rights by Lapse of Time
490
Revised by F W HIRST Esq
491
₂₂ ₂₂ ₂₂₂₂m?Â?Â?Â₂Ò₂ÂÂÂÂÂÂ₂ti₂₂₂
495
Of his Right to grant SafeConducts
496
Of the Mayor Aldermen and Councillors
497
Of Companies under the Companies Acts 1862 to 1900
499
CHAP XXVI
501
Of his Right to erect Beacons Lighthouses and Seamarks
503
continued PAGE
504
Of the Liability of Members and Directors
507
Of the Nature of the Contract
509
Of the Succession Duty
512
Of his Right as the Fountain of Honour Office and Privilege
513
89
517
Of Alterations in a Bill or Note
518
245
519
Of his Rights as Head of the Church
520
Of Perpetuities
525
291
526
247
528
356
529
i
537
35
538
Of Royal Mines
541
459
542
S C
543
48
544
464
549
49
554
Of the Stamp Duties
555
Of Taltarums Case
558
252
559
Of the Consolidated Fund and the Public Income
562

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Common terms and phrases

Popular passages

Page 361 - 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 357 - by the testator or some other person, in his presence, and by his direction, such signature being also made or acknowledged by him, in the presence of two or more witnesses present at the same time, and such witnesses attesting and subscribing the will in his presence
Page 362 - 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
Page 247 - real property of every description may be taken, acquired, held and disposed of by an alien, in the same manner in all respects as by a natural-born British subject, and that a title thereto may be derived through, from, or in succession to an alien, as if he had been
Page 363 - beyond the life of such person—such devise shall be " construed to vest in such trustee the fee simple, or " other the whole legal estate which the testator had " power to dispose of by will, in such real estate, and not " an estate detenninable when the purposes of the trust
Page 332 - sa mere at the death of such grantor or testator, or during the minority only of any person who, under the Uses or trusts of the instrument directing such accumulation, would for the time being, if of full age, be entitled to the income so directed to be accumulated.
Page 11 - a rule of civil conduct prescribed by the supreme power in a state." Let us endeavour to explain its several properties, as they arise out of this definition. And, first, it is a rule : not a transient
Page 188 - :—That 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, the word heirs is
Page 366 - 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
Page 58 - The colonists carry with them only so much of the English law as is applicable to the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries. The artificial refinements and distinctions incident to the property of a great commercial people,

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