網頁圖片
PDF
ePub 版

INDEX.

Abandonment, cause of divorce, 260, | Accounts-

265, 266

[blocks in formation]

in England, 60 to 62

in Virginia, 62 to 67
Abstracts, written as modes of study, 21
Access, of husband, when presumed, 411
Account of sales by guardians, 452
Accounts, to be rendered by agents, 200
stated by infants, 485

of guardians, 444 to 470

general doctrine of, as to guardians,
444-25

particulars, 445 to 450

ward's estate in hand, 445-'6
losses by guardian's neglect, 446
to 449

losses by co-guardian's default,
449-'50

means to compel prompt and accu-

rate settlement, 450 to 454
commissioner of accounts, 451
inventory and account of sales,
452

annual settlement, 452 to 454
mode of stating, 454 to 470
general principles, 454-'5
modes of charging interest, 455
allowances to guardian, 456 to 460

disbursements, 456-'7
compensation, 457 to 460
guardian's private settlement,
461

guardian's own examination,
461--22

production of books and vouch-
ers, 462

proceedings by ward, and limi-
tations thereto, 463

form of stating, 464 to 470
Accountability of guardians. 444 to 450
Act of legislature, see Statute.
Act of parliament, see l'arliament.
Act of settlement, 60, 61

Actions, by and against husband and
wife, 347 to 364

by husband and wife, 347 to 357
husband and wife join, 347-'8
husband sues alone, 348 to 351
husband and wife may join or not,
351 to 353

wife may sue alone, 353 to 354
when husband or wife dies, 354 to
357

consequences of mistake in parties,
357

against husband and wife, 357 to 364
husband and wife to be joined,

358-'9

[blocks in formation]

Actions-

contracts, 558; torts, 558 to 560
foreign corporations, 560 to 562
mode of proceeding by and against
corporations, 562 to 570
See Corporations.

by and against infants, 473 to 476
See Infants.

Accusation, cause and nature demand-
able, 63-'4

self, not compellable, 63-'4
Adjournment of parliament, 73
Ad litem, guardians, 472-3, 475
Administrator, husband of wife, 305, 311
Admiralty courts, laws used in, 35 to 37
Ad quod damnum, substitute for writ,
118

Adultery, divorce for, 255-'6, 264

not permitted by deeds of separation,

289

Advowsons, 151

Affinity, bar to marriage, 235, 240

cause of divorce, 258, 262
African slave-trade, see Slave-trade.
Africans, naturalization of, 139
Age, of consent to marriage, 237-'8
want of, effect on marriage, 237-'8,
241-22

want of, cause of divorce, 259, 261-'2
of infants, for divers purposes, 471
full, for all purposes, 472
precise time of attaining, 473
Agency, see Principal & Agent, Agent.
Agent, liability of for money in bank,
198-'9

for money received, 198, 199
for depreciated currency, 198-'9
measure of knowledge, skill and pru-
dence required, 199

unlawful appropriation of master's
goods, 199

rendering accounts, 200

dealing for his own benefit with sub-
ject, 222-'3

how strangers affected by relation, 200
to 223

See Master & Servant.

mutual defence and maintenance of
suits, 201

seducing away servants, and torts to
them, 201

contracts by agent, 202 to 217
delegation of authority, 211
torts by agent, 218 to 222
grounds and limits of master's lia-
bility for, 218

liability of, on contracts as agents, 212
to 216

contract in agent's own name, 212
to 214

government agent, 212–'13
private agent, 213-'14

no principal disclosed, 214-'15
authority exceeded, 215-'16
foreign principal, 216

[blocks in formation]

completion of business, 227
war, 227

of government, government's liability
for torts of, 227

superior government officer not liable
for acts of subordinate, 228
when wife is, of husband, 342-3
child of parent, 377

infant, acts of, 485

of corporations, 541 to 547

power to appoint, and who may be,
542

acts of, when obligatory, 542-3, 545
to 547

mode, and proof of constituting.
542 to 544

duration of authority, 544

mode of contracting by, 445–6,
377-'8

proof of contracts by agent, 545
ex officio authority, 546

notice to, 546-'7

[blocks in formation]

Alienation-

by husband to wife, and vice versa,
291 to 295, 319 to 321

by wife before marriage, in fraud of
husband, 298

of wife's separate property, 319 to 326
restrictions upon, 327 to 331

by wife to stranger, 338 to 341
to wife, 341

by infants, 477, 487, 494

by corporations, 552

restraints upon, 552

Alimony, 269, 278, 281 to 283

Allowances to guardians, 456 to 462.
Amalfi, discovery of Pandects at, 11, 36
Ambassadors, prerogative of king to
send, 81

inviolability of, 81

Aristocracy, characteristics of, 27
in government of England, 27
of American States, 27

Arms, right to have for defence, 62, 67
Armies, standing, dangerous, 66, 156
Artificers, 155

Artificial persons, or corporations, 497
See Corporations.

Assault and battery, by and on corpora-
tions, 570

Assent to marriage, age of party for, 237,
241, 247, 262, 471

of parent or guardian, 244

Assessment, on shares in corporation,
530-31

Assignment, of contract of apprentice-
ship, 186

wardship, 425-'6, 430-31

Amotion, of public officers, causes and Assize, of novel disseisin for office, 584

modes, 93

officers of corporations, 527

Answer, of corporations in chancery,
569-'70

Ante-nati, 147

Attainder, bills of, prohibited, 63
Attorney, appearance of infants by,

474-'5

power of by infant, void, 485-'6
Auctioneer, as agent, 204

Ante-nuptial contracts of wife, 302, 335- Authorities, to determine the law, 31 to

'6, 484

conveyances of wife, 298

Anticipation, of income of wife's sepa-
rate estate, 327 to 329

of joint-income, of family, restrained,
329-'30

Annual parliaments, 74

Annus luctus, of widow, 410

Appearance, of infant, in court by guar-

dian ad litem, or next friend, 432--'3,
473 to 475

error cured by Statute of Jeofails,
when, 432-23, 475

Appointment of court, guardians by,
427 to 429

Apportionment, of hires of servant, 170
Apprehension of bodily hurt, cause of
divorce, 259-'60

Apprentices, who, and why so called, 180
mode of binding, 180 to 183

instrument of contract, 180-'81
proper parties, 181 to 182
terms, 182-3

obligation of master, apprentice, and
parent, respectively, 183 to 185
liability of apprentice to action, 184,
482-'3

master's right to apprentice's earn-
ings, 185

authority of master, 185-'6
assignment of contract, 186
adjustment of differences between
master and, 186-'7

penalty for enticing or harboring ap-
prentice, 187

dissolution of contract, 187-'8
Archbishops, 48, 148-'9

Archbishoprics, 48. See Provinces.
Archdeacons, 48, 150
Archdeaconry, 48

32

Authority, of master over apprentice,
185

master over servant, 194

of agent, express or implied, 203 to
206

agent, extent of, 206 to 209

joint and several, general or special
to be pursued, 207 to 209
delegation of, 209

contracts in pursuance of, 209 to 216
grounds and limits of liability, in case
of torts, 218 to 221

termination of, 223 to 227
revocable generally, and exceptions,
223-'4

of husband over wife, 285-'6
of parent over child, 397 to 400
given by infant, void, 485-'6
Avoidance, of contracts by infants, 487
to 488, 492 to 495

of torts, by infants, not allowed, 495
to 497

Bachelor, knight, 155

Bail, excessive, prohibited, 63, 64
Bailiffs, of hundreds, 100
special, 100
private, 188
Banishment, 54

Bank-directors, authority of, 546
Banking corporations, power of States
to create, 510

currency, not be issued by city, 539-'40
foreign in Virginia, 540

See Banks.

Bankruptcy, of principal, revokes agen-
cy, 226

Banks, liability of agent, &c., for depo-
sits in, 198-'9

foreign, not to operate in Virginia, 540

[blocks in formation]

Bridges, erection of public, 119
Brocage, marriage, 231-'2
Brooke's abridgment, 32
Butlerage, 88

By-laws, power of corporations to make,
522, 553 to 555

mode of enacting, 553

to be fair and reasonable, 553-'4
for transfer of shares, 554
enforced by penalties, 554-'5
Cambridge. See Universities.
Canon law, 37

in what courts used, 37

in what causes in Virginia, 37
Cañons, or prebendaries, 150
Canonical impediments to marriage, 232
to 237, 239-'40, 258
why so called, 232, 258
classes of, 233 to 236

pre-contract, 233-'4, 239, 258
consanguinity, 234–5, 240, 258
affinity, 235, 240, 258

incurable impotency of body, 236,
240, 262

effect of canonical impediments,

236-27

[blocks in formation]

Charter, great, of England, 55, 60, 62
of corporations, grant of, 508 to 511
acceptance of, 520-21

a contract, how and when modified,
503, 535, 578-'9, 584 to 587
new or old, difference in effect, 578
Chattels, real of wife, 302 to 304 •
personal of wife, in possession, 299 to
303

choses in action of wife, 304 to 310
reversionary, of wife, 310-'11
will of, age for making. 471

right of corporation to acquire, 547,
548-'9, 551

of corporations, at dissolution, 552
Chester, county palatine, 50

Children. See Parent & Child, Infants,
Bastards.

paupers, provision for, 128

custody of, in case of divorce, 269
effect of nullity of marriage, or divorce

on legitimacy, 237, 258, 239, 259,
272-3, 275

custody of, by deeds of separation, 289
legitimate, who are, 374

Children-

duties of parents to, 375 to 396
maintenance, 375 to 380

by father, 375 to 379
allowance out of child's estate, 378
dis-inheriting, 379

after-born, effect on will, 379-'80
protection, 380

education, 381 to 396. See Educa-
tion.

power of parents over, 396 to 405

custody, and correction, 396 to 403
remedies for abduction, 400 to 402
consent to marriage, 244-'5, 243,
245-6, 247, 402-'3

care of estate of, 403-'4
parent's delegation of power, 404-'5
termination of parent's authority,

405

duties of to parents, 405
illegitimate, or bastards, 405 to 421
who are, 405 to 411

bastards born out of wedlock, 407
to 411

bastards born in wedlock, 411
duties of parents to bastards, 412 to
416

father compelled to support, 412
to 416

custody of, 416

rights and incapacities of bastards,
416 to 421

at common law, 416 to 420
in Virginia, 420 to 422

meaning of term child, &c., in gifts,
417 to 419, 421

Chivalry, guardians in, 424-'5
Choosing guardian, mode of, 426-'7
age for, 471

Choses in action, husband's interest in

wife's, 304 to 310

wife's equity in, 306 to 310

Church, in Virginia, before revolution,
562

glebes sequestered, 502
Church-wardens, 121, 152
Circuit courts, corporations created by,
509-'10

jurisdiction of divorces, &c., 266 to
270, 279, 281, 283-'4

Cities, 49

counties corporate, 50

not to issue currency, in Virginia,
539-40

Citizens, who are in England, 137-'8
who are in Virginia, 138-'9
naturalized in England, 138
naturalized in Virginia, 139 to 141
Civil corporations, nature of, 504-'5
advantages of, 505

limited partnerships, 506-'7

Civil divisions, of England, 49, 50

Civil law, 35 to 37

in what courts used, 37

in what cases in Virginia, 37

Civil liberty, 52 ·

Civil list, of England, 90
Civil rights, 63 to 65, 66-'7
and political equal, 66

difference between the sexes, as to,
369 to 373

act, in case of bastardy, 413-'14
Civil state, who compose in England,
153 to 155

Clementine constitutions, 36
Clergy, averse to common law, 10 to 13
devotion to civil law, 12, 13
of England, 148 to 152
benefit of, 368, 369

Clerks, parish, in England, 152

of county, &c. courts issue marriage
licenses in Virginia, 245

Code, of Justinian, 35-'6

codes, revisals of, how construed, 41
Co-guardian, losses from misconduct,
449-'50

Coke, institutes, 32

reports, 32

Collative advowsons, 151
Collegia, in Roman law, 500
Colleges, in Roman law, 500

nature of in English universities, 508
nature of in U. States, 508
Colonies, and plantations, laws of, 47
Colored persons, who are, 179, 242. See
Negro.

Comitatus, posse, 100

Commerce, king the arbiter of, 83
Commission of array in England, 157
of lunacy, 86

justice of peace, 105-'6

Commissioners, of monthly courts in
Virginia, 106

of roads, election, 114

functions, 117, 118, 119-'20

to assess damages for roads, 118
to contract for bridges, 119
of accounts, 451 to 454
appointment, 451
duties, 451 to 454

require inventory and account of
sales of fiduciaries, 451
require annual settlements, 451 to
454

proceedings to enforce duties, 451
to 454

Commissions, guardian's, 457 to 460
amount allowed guardian, 457-'8
forfeiture by guardian, 458-'9
on what estimated, 459-'60
Commonalty, who compose the, 154-'5
Common law, what, 30

rise and original, 30, 31
parts of, 30 to 37

subjects to which it relates, 31
depositaries of, 31, 32

what is in Virginia, 43

Common placing, mode of study, 21
Commons, House of, members, 70

elections of members, 70 to 72

« 上一頁繼續 »