讀者評論 - 撰寫評論
其他版本 - 查看全部
affidavit afterwards Alexander Lord alledged appear arrested award bailiwick bankrupt Barnes Bench Benjamin Cole bill bond cafe capias cause of action chattels clerk Common Pleas costs court custody damages debt declaration default defendant delivered demurrer deponent detained detinue discharged ejectment enter execution executor faith fame day filacer filed Fleet prison George the Third given habeas habeas corpus hall hath Ibid indorsed issue John John Doe judge jury justices laid late London aforesaid Lord the King ment Middlesex morrow nonsuit outlawry paid party person plaintiff plaintiff's attorney plea in abatement plea of trespass plead pounds prisoner proceed proceedings promises prothonotaries record recovered Richard Fenn roll rule seal seisin serjeant sheriff shew sign judgment Stat statute sued suit summons tenant tender term thereof thereupon Trinity Trinity term verdict warrant of attorney Westminster writ of error
第 xvii 頁 - A custom to pay two-pence an acre in lieu of tithes, is good ; but to pay sometimes two-pence, and sometimes three-pence, as the occupier of the land pleases, is bad for its uncertainty. Yet a custom, to pay a year's improved value for a fine on a copyhold estate, is good ; though the value is a thing uncertain : for the value may at any time be ascertained ; and the maxim of law is, id certum est, quod certum reddi potest.
第 xvi 頁 - To this head may most properly be referred a particular system of customs used only among one set of the king's subjects, called the custom of merchants, or lex mercatoria : which, however different from the general rules of the common law, is yet ingrafted into it, and made a part of it (¿) ; being allowed, for the benefit of trade, to be of the utmost validity in all commercial transactions : for it is a maxim of law, that " cuilibet in sua arte credendum est (13).
第 2 頁 - I. c. 10. which abolished the court of star chamber, effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances, might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers.
第 i 頁 - II, (re) with a delegated power from the king's great court, or aula regia, being looked upon as members thereof; and they afterwards made their circuit round the kingdom once in seven years for the purpose of trying causes.
第 xxii 頁 - Secondly, in an action of debt the plaintiff must prove the whole debt he claims, or recover nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same contract whereof the performance is sued for. If therefore I bring an action of debt for...