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

Front Cover
Bancroft-Whitney Company, 1886 - Law - 570 pages
 

Contents

Components of the English people
27
Representative Assemblies common in all times
33
Divisions of the Municipal Law having reference to its methods of promul
35
Constitutions or statutes of Roman emperor their classes and
39
General Powers of Courts in the United States
46
General divisions of this work
55
Description and jurisdiction of these Courts 172
56
Growing disposition in England and America to abandon
58
General Assemblies not in use in modern times
62
SECTION IILTHE ORIGIN HISTORY AND JURISDICTION OF
80
SECTION I
81
Idea of an empire introduced by the Normans and consequent increase
86
Changes made by William I County Courts left existing a chief justiciary
98
Two classes of Courts those in which both questions are committed to
100
General character of judicial procedure
102
List and description of actions in use in the English procedure
107
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
206
121
trial by recognitors or witnesses of the transaction or persons
125
Instances of defects ard remedies relief against a bond already paid
129
OF THE METHOD OF ASCERTAINING THE FACTS IN A JUDICIAL TRIAL
137
Establishment of the Court of Exchequer
147
United States Courts the creations of constitutions and statutes
156
Some fixed rules of judicial procedure necessary
174
The Roman Lex Civilis and the modifications made in it by the Prætors
180
The evidence was afterward required to be offered to them in open court
181
Actions stricti juris
186
Importance of this subject
192
Debt Covenant Trespass and Detinue
198
Rules of inheritance 384
229
Husband and wife could not be witnesses for or against each other
235
persons interested
238
Written evidence cannot be altered by oral testimony
244
General rules regulating the introduction of evidence on trials
250
must be confined to the subject
257
Rules of Evidence in German Criminal Trials
263
its nature
269
power of the lords
270
General character of these methods 278
275
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
Sketch of the primitive social and political organization of the Romans 497
300
The basis of the action of a Court in declaring the law is the particular
301
The Courts have been greatly influenced in determining the law for cases
302
Or they may limit its application and evade it
308
The same method existed in the Roman State
314
FIRST OF PERSONS
315
THOSE PERSONS TO WHOM THE POLITICAL POWER OF THE UNITED
360
Invasion of Britain by the Saxons
362
634
366
Rights of the free 368
368
The Right of Personal Liberty
372
State of society in the later portions of the AngloSaxon rule
374
The Hyde and the Alod
380
Definition and description of slavery
383
Power of the Government in taxation
389
The King 391
391
In construing these provisions their ordinary and plain meaning is to
395
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
meaning
405
The trial compurgation and the ordeal
409
Pecuniary damages for private wrongs
415
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
747
437
Picture of society at the height of feudalism
439
OF THE COURTS OF EQUITY
442
The French Law of Marriage
445
GUARDIAN AND WARD
452
English Court of Chancery
453
Incidents of pure feuds
454
OF THINGS WHICH MAY BE THE OBJECTS OF PROPERTY
455
788 789
462
Change of tenure by villanage into copyhold tenure
466
In determining this meaning and the powers of the Government under
468
General influences of feudalism upon the laws and institutions of England
474
By Last Will and Testament
475
Restraints on forced sales of lands at instance of creditors
480
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
Definition and classes of 66 874
515
definition and general features 885
523
Liabilities of the parties to the holder and among themselves
534
General principles 897
538
Things not subject to private property
544
how appointed their powers 898
546
Donation
550
on liberty and legislation
554
Equity Courts in the United States In the several States
557
definition how created as between
561
American Courts of Probate and Surrogates
565

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Page 416 - 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 theatre of active military operations, where war really prevails...
Page 390 - 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. The people of a state, therefore, give to their government a right of taxing themselves and their property ; and as the exigencies of government...
Page 364 - Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Page 389 - 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 371 - 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 407 - 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 362 - ... under the eye of a well-informed nation, discuss and determine the laws and policy likely to make communities great and happy ; whoever is capable of comprehending all the effects of such institutions, with all their possible improvements, upon the mind and genius of a people, is sacredly bound to speak with reverential gratitude of the authors of the great charter.
Page 390 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable to the utmost extent to which the government may choose to carry it.
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 528 - A voluntary contract between two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a communion of the profits thereof between them.

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