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.LAW
MISCELLANIES :

CONTAINING

AN INTRODUCTION TO THE STUDY OF THE LAW;
NOTES ON BLACKSTONE'S COMMENTARIES,

SHEWING

THE VARIATIONS OF

THE LAW OF PENNSYLVANIA FROM THE LAW OF ENGLAND,

AND WHAT ACTS OF ASSEMBLY

MIGHT REQUIRE
TO BE REPEALED OR MODIFIED;

OBSERVATIONS

On Smir#'S EDITION OF THE LAWS OF PENNSYLVANIA;

STRICTURES

ON DECISIONS OF THE SUPREME COURT OF THE UNITED STATES,

ON CERTAIN ACTS OF CONGRESS,

WITH

SOME LAW CASES,

AND

: A VARIETY OF OTHER MATTERS,

CHIEFLY ORIGINAL.

BY HUGH HENRY BRACKENRIDGE,
A Judge of the Supreme Court of the State of Pennsylvania.

PHILADELPHIA:
PUBLISHED BY P. BYRNE,

[graphic]

District of Pennsylvania, to wit:

• •••••«. BEIT REMEMBERED, That on tta fourteenth dav of Decern

J I her, in the thirty-eighth year of the Independence of the United

J 5EiI" Z States of America, A. D. 1813, Hugh Menry Brackcnridge, of .".*'..• the aaid district, hath deposited in this office, the title of a book, the right whereof he claims as author, in the words following, to wft:

"Law Miscellanies: Containing an Introduction to the Study of the Law; Notes on Blackstone's Commentaries, shewing the variations of the Law of Pennsylvania from the Law of England, and what Acts of Assembly might require to be repealed or modified; Observations on Smith's edition of the Laws of Pennsylvania; Strictures on decisions of the Supreme Court of the United- States, and on certain Acts of Congress, with some Law Case*, and a variety of other matters, chieflv original. By Hugh Henry Brackenridge, a Judge of the Supreme Court ot' the State of Pennsylvania."

In conformity to the act of the Congress of the United States, intituled, *' An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned."—And also to the act, entitled, "An act supplementary to an act, entitled, " An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints."

D. CALDWELL,
Clerk of the District of Pennsylvania.

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.„ , CONTENTS.

^ . Pace.

Prefatorv Osservations, - - - 1

Particular Introduction, - - - 4

Introduction to what might be called the Pennsylvania

Blackstone, "7

Some view of the endeavours to improve the law by the

legislature, 27

Note introductory to the report of the judges on the Bri-

tish statutes in force, Sec. 39

On the stare decisis, - . 54

On the amendment or alteration of laws, 70

NOTES ON BL ACKSTONS's COMMENTARIES, BOOK 1.

Audit (law) is that rule of action vrhich is prescribed by

some superior, and which the inferior is bound to

obey. 1 Bl. Com. 38, 76

Every law may be said to consist of several parts; one

declaratory, Sec. another directory, &c. 1 Bl. Com. 53, 78

Ex post facto. 1 Bl. Com. 46, - - 81

Municipal law, a rule prescribed by the supreme power

in a state. 1 Bl. Com. 46, 83

Reports. lBl.Com. 71, - ... 86

Roads. 1 Bl. Coin. 141. - - - lJS

Representative not bound to consult with, or take the

advice of his constituents. 1 Bl. Com. 161, 96

As to the qualifications of the electors. 1 Bl.Com. 172, 99

The king's prerogative. 1 Bl. Com. 246, - - 115

NOTES ON Buckstoke's COMMENTARIES, BOOK 2.

In the beginning of the world, we are informed by holy

writ, the all-bountiful creator, gave to man "dominion

over all the earth," Sec. This is the only true and so-

lid foundation of man's dominion over external tilings,

&c. 3 Bl.Com. 2, 121

Tenant in dower. 2 Bl. Com. 129, - - 128

How dower may be barred or prevented. 2 Bl. Com. 135, 130

Concerning the division and calculation of time, by the

English law. 2 HI. Com. 140, 135

The nature and degrees of kindred being thus in some

measure explained, I shall next proceed to lay down

a series of rules, or canons of inheritance, according

to which estates are transmitted from the ancestor to

the heir, Sec. 2 Bl. Com. 207, .. 138

The fourth species of assurance by matter of record is a

common recovery. 2 Bl. Com. 357, 145

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