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

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

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Contents

Representative Assemblies common in all times
33
Divisions of the Municipal Law having reference to its methods of promul
35
General Powers of Courts in the United States 4 6
47
Kulea of inheritance 384
49
General divisions of this work
53
The division of the Municipal Law into Statute and Unwritten or the
59
resemblance and contrast 6772
67
The Roman Law during the Middle Ages and its connection with
68
The power of the Executive he is really a coordinate branch of
73
Power of American president
81
Statutes iu the form of General Codes
87
General statement of the method by which the Unwritten Law is promulgated
98
State of the law in the Western Empire at the barbarian conquest 600
99
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
1st that relating to personal prop
116
trial by recognitors or witnesses of the transaction or persons
125
The evidence was afterward required to be offered to them in open court
131
rowing disposition in England and America to abandon it
138
The Saxon General Council
144
Reasons for this change 230
146
Establishment of Court of Common Pleas at Westminster
150
General principles relating to the substance of evidence admissible on trials
155
United States Courts the creations of constitutions and statutes
156
English Court of Chancery 163168
163
Purely ecclesiastical jurisdiction
169
Procedure therein
173
Commencement of the action and proceedings against the judgment debtor
179
Division of actions into Real and Personal
185
Interdicts
191
Primitive divisions of actions into Real and Personal
198
Tie judicial invention of the actions of Trover and Ejectment
204
Abuses of the forms of pleading
211
Reasons why equitable rules grew up to supplement those used in the
218
Instances of defect? and remedies relief against a bond already paid
224
Transfers of lauds 385
226
Equity grew to be a complete system
230
Tlte Executive and Administrative Officers
232
parties and persons pecuniarily
236
Distinction between competent and credible evidence
241
Presumptions of fact
247
Three elements in proving a criminal charge the corpus delicti
253
Proof of the guilty intent and of motive 259
259
Classes of witnesses
265
its nature
271
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
CHAPTER I
351
General influence of the AngloSaxons upon our law
357
SECTION FIRST
359
THOSE PERSONS TO WHOM THE POLITICAL POWER OF TUE UNITED
360
Object of this chapter
363
The Right of Personal Security
366
Peculiar rights of the Eorl
370
The Right of Personal Liberty
372
OF PROPERTY
376
Folkland and Bocland
383
The Right to acquire and enjoy Private Property
387
lite power of disregarding these constitutional guarantees of life liberty
398
the superior surety for his dependents
400
meaning
405
Summary punishment allowed in certain cases
406
The principle of local selfgovernment 41 1
412
Necessity of a knowledge of feudal institutions to an understanding
417
not bring the system with them completed but only the seeds
425
SECTION SECOND
429
Extent of the system in the ninth tenth ami eleventh centuries
433
Importance of this subject 077
435
Rights Powers and Duties of Husband and Wife
437
These benefices or fiefs were originally for life or hereditary
440
Recapitulation of rights guaranteed by the Constitution 679
445
Oath of fealty
446
Mercantile law in England grew up from customs of merchants adopted
449
Neither could withdraw from the relation without consent of the other
452
Divisions of this chapter 778
456
power of the lords
462
n WHEN PROPERTY IS ACQUIRED ON THE OCCASION OF THE DEATH
464
In determining this meaning and the powers of tire Government under
468
Picture of society at the height of feudalism
470
This preference and distinction is shown
476
General character of these methods 831
480
Effect of the feudal system on civilization in Europe
487
CHAPTER m
494
Sketch of the primitive social and political organization of the Romans
497
All of these estates may coexist 854
498
Persons acquiring and holding rights for themselves sui juris and those
505
Comprehensive description of the Roman family 515517
515
definition and general features 888
523
General nature of obligations
530
Design of this portion of the chapter
537
General principles 897
538
Things not subject to private property
544
how appointed their powers 898
546
Sketch of commercial cities of Middle Ages 614
548
Donation 650
551
The laws of Oleron 618
558
definition how created as between
561

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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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