An Introduction to Municipal Law: Designed for General Readers and for Students in Colleges and Higher Schools

Front Cover
Bancroft-Whitney Company, 1883 - Law - 570 pages
"Designed for general readers, and for students in colleges and higher schools."--T.p.
 

Contents

Admiralty Courts
23
1st that relating to personal prop
25
PART SECOND
27
While similar elements have been at work in each they have however
29
66
33
Courts never assume to declare a rule of law for all cases but only for
47
Divorce
49
Growing disposition in England and America to abandon
58
The division of the Municipal Law into Statute and Unwritten or the
59
Representative Assemblies common in all times
65
The common law regarded the parties as legally
66
The power of the Executive he is really a coördinate branch of
73
SECTION IIITHE ORIGIN HISTORY AND JURISDICTION OF
80
Divisions of Statutes in respect to their forms
83
Establishment of Court of Common Pleas at Westminster
86
English Court of Chancery
97
General statement of the method by which the Unwritten Law is promulgated
98
General character of judicial procedure
102
The Romans did not commit the decision of such questions to men drawn
108
These folk courts among the Saxons were the germ of the modern English
115
List and description of actions in use in the English procedure
120
trial by recognitors or witnesses of the transaction or persons
125
General requisites of the indictment
126
The evidence was afterward required to be offered to them in open court
131
Relief against an instrument executed by mistake
132
parties and persons pecuniarily
139
Reasons for this change 289
146
Equity Courts in the United States In the several States
156
163165
166
Description and jurisdiction of these Courts
172
Commencement of the action and proceedings against the judgment debtor
178
what precedents are and
180
What differenced various formulas
184
Use among the Romans
191
Primitive divisions of actions into Real and Personal
197
Meaning of the term status
227
General character of these divisions 386
230
Husband and wife could not be witnesses for or against each other
237
General principles relating to the substance of evidence admissible on trials
240
Presumptive evidence
246
General description of contracts
249
every person is pre
252
Comparison in this respect between the English or American system
258
Corpus delicti must be absolutely established
264
Confronting the prisoner with other witnesses
270
Comparison between English and German methods
276
Action of judges who decide both facts and law
282
The law has been developed in all countries by statutes and by judicial
289
The purpose of this chapter is to illustrate the methods by which and
295
The basis of the action of a Court in declaring the law is the particular
301
Codicils
329
Comparison in respect to the requisite of comprehensiveness or power
335
OBLIGATIONS ARISING EX MALEFICIO
342
The Roman Law during the Middle Ages and its connection with
344
CHAPTER IV
351
CHAPTER I
358
The possession of land and the distinction of rank were two fundamental
365
634 635
367
Tendency of these classes to separate
371
Sal es
377
Folkland and Bocland
383
The Right to acquire and enjoy Private Property
387
The King 391
391
The Hundred and Shire Courts
397
The power of disregarding these constitutional guarantees of life liberty
398
General character of methods for preventing and punishing crimes pecu
403
1 Military law and martial law different meaning
405
Joint and several liability
409
Necessity of a knowledge of feudal institutions to an understanding
417
CITIZENS OF THE UNITED STATES OR OF A PARTICULAR STATE
419
not bring the system with them completed but only the seeds
425
Importance of this subject 677
435
OF THE ECCLESIASTICAL COURTS
436
747
437
to their unity
439
These benefices or fiefs were originally for life or hereditary
440
The French Law of Marriage
444
Recapitulation of rights guaranteed by the Constitution 679
445
Oath of fealty
446
Character of the relation rather one of contract than of status
451
Neither could withdraw from the relation without consent of the other
452
OF THINGS WHICH MAY BE THE OBJECTS OF PROPERTY
455
Examples
456
WHEN PROPERTY IS ACQUIRED ON THE OCCASION OF THE DEATH
464
In determining this meaning and the powers of the Government under
468
Restraints on forced sales of lands at instance of creditors
475
66
481
When the transfer is made as a consequence of the former owners
487
IN THINGS PERSONAL
492
All of these estates may coëxist 854
498
origin and ancient nature of uses statute
505
875
515
Degrees of care and negligence
524
Conclusion of the sketch of the law in its primitive state
530
Effect of the feudal system on civilization in Europe
531
CHAPTER III
538
LEGAL MAXIMS
539
Origin of these Courts in England
551
Emancipated children admitted to the succession by an innovation
567

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Page 383 - The power of legislation, and, consequently, of taxation, operates on all the persons and property belonging to the body politic. This is an original principle, which has its foundation in society itself. It is granted by all, for the benefit of all.
Page 384 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive taxation.
Page 358 - For almost five centuries it was appealed to as the decisive authority on behalf of the people, though commonly so far only as the necessities of each case demanded.
Page 367 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 401 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State as to require the nse of its military force and the declaration of martial law, we see no ground upon which this court can question its authority.
Page 359 - To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England upon the esteem of mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtue which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of...
Page 410 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown...
Page 401 - It was a state of war, and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition. And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 92 - The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish.
Page 358 - ... them against blights. On the English nation, undoubtedly, the Charter has contributed to bestow the union of establishment with improvement. To all mankind it set the first example of the progress of a great people for centuries, in blending their tumultuary democracy and haughty nobility with a fluctuating and...

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