Lyrics of Lincoln's Inn: With Notes for the Benefit of the Unlearned

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Sweet and Maxwell, 1896 - 59 halaman

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Halaman 27 - Every steamship, when approaching another ship so as to involve risk of collision, shall slacken her speed, or if necessary stop and reverse ; and every steamship shall, when in a fog, go at a moderate speed.
Halaman 51 - For every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge, or by an ideal, invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.
Halaman 51 - Every unwarrantable entry on another's soil, the law entitles a trespass by breaking his close; the words of the writ of trespass commanding the defendant to show cause quare clausum querentis fregit.
Halaman 53 - Minorca, his right to sue was justified by the fiction that the assault had taken place " at Minorca, (to wit) at London, in the parish " of St. Mary-le-Bow, in the ward of Cheap.
Halaman 16 - ... deemed to be made with respect to and to bind her separate property, whether she is or is not in fact possessed of separate estate at the date of the contract : sec.
Halaman 52 - Now land, which is immovable and indestructible, is evidently a different species of property from a cow or a sheep, which may be stolen, killed, and eaten ; or from a chair or a table, which may be broken up or burnt. No man, be he ever so feloniously disposed, can run away with an acre of land...
Halaman 52 - In order to effect this end the parties litigant were required to state iu their pleadings with the utmost certainty, not merely the county, but the very venue, ie, the very district, hundred, or will, within that county, where the facts that they alleged had taken place, in order that the sheriff might be directed to summon the jury from the proper neighborhood in case issue should be taken on any of such allegations. It followed, of course, that a new venue was designated as...
Halaman 52 - ... to ascertain the right venue ; and as the number of these transactions increased with increasing civilization, these difficulties about determining the place of trial became of constant occurrence, and soon induced the courts, in order to relieve themselves, to take a distinction between transitory matters, such as a contract, which might happen anywhere, and local ones, such as a trespass to the realty, which could only happen in one particular place ; and they established as a rule, that in...
Halaman 53 - The first of these is the declaration, narratio, or count, anciently called the tale; in which the plaintiff sets forth his cause of complaint at length...
Halaman 52 - ... in other words, the neighborhood whence the juries were to be summoned, should be also that in which the cause of action had arisen ; in order that the jury who were to determine it principally from their own private knowledge, and who were liable to be attainted if they delivered a wrong verdict, might be persons likely to be acquainted with the nature of the transaction which they were called upon to try.

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