Commentaries on Law, Embracing Chapters on the Nature, the Source, and the History of Law: On International Law, Public and Private : and on Constitutional and Statutory LawKay & Brother, 1884 - 855 pages |
From inside the book
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Page 7
... practice arrogate to themselves a lib- erty only assumed by our own courts of appeal . But be this as it may , Ro- man jurists hold that in deciding each case the following conditions are to be taken into consideration : - ( a ) Equitas ...
... practice arrogate to themselves a lib- erty only assumed by our own courts of appeal . But be this as it may , Ro- man jurists hold that in deciding each case the following conditions are to be taken into consideration : - ( a ) Equitas ...
Page 21
... practice insti- tuted by the Norman kings of travelling from place to place to administer jus- tice , the more modern system of circuit riding arose . 1 Holland , Juris . 48 . 2 Whart . on Ev . § 187 . Mr. Holland gives a similar illus ...
... practice insti- tuted by the Norman kings of travelling from place to place to administer jus- tice , the more modern system of circuit riding arose . 1 Holland , Juris . 48 . 2 Whart . on Ev . § 187 . Mr. Holland gives a similar illus ...
Page 26
... practice ; it being the usage of the sheriff , in all questions in which guilt was charged , to choose twelve " compurgators , " to whom twelve were to be added by the accused . ( 2 ) As recognitors . Compurgation be- came obsolete in ...
... practice ; it being the usage of the sheriff , in all questions in which guilt was charged , to choose twelve " compurgators , " to whom twelve were to be added by the accused . ( 2 ) As recognitors . Compurgation be- came obsolete in ...
Page 42
... practice had prevailed in the province from its first settle- ment . Such had been " the constant usage of the province , " and hence it was the province's constant law . Trustees have had proper compensation in Pennsylvania ...
... practice had prevailed in the province from its first settle- ment . Such had been " the constant usage of the province , " and hence it was the province's constant law . Trustees have had proper compensation in Pennsylvania ...
Page 43
... practice in foreign at- tachments . But , as Mr. McCall shows , the extension of replevin to all claims for the recovery of goods was recognized in practice long before Judge Shippen's day . To the same effect is Judge Strong's argument ...
... practice in foreign at- tachments . But , as Mr. McCall shows , the extension of replevin to all claims for the recovery of goods was recognized in practice long before Judge Shippen's day . To the same effect is Judge Strong's argument ...
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Other editions - View all
Commentaries on Law, Embracing Chapters on the Nature, the Source, and the ... Francis Wharton No preview available - 2015 |
Commentaries on Law: Embracing Chapters on the Nature, the Source, and the ... Francis Wharton No preview available - 2017 |
Common terms and phrases
action adopted Austin authority belligerent binding Blackstone blockade British cited citizens civil colonies common law Conf congress congress of Vienna conscience constitution consuls contraband contraband of war contract Crim criminal custom declared distinction domicil duty effect enforced England English law equity established exercise exist fact Federal force foreign France French habeas corpus held imposed infra international law judges judicial jurisdiction jurisprudence jury justice land law of nations legislation legislature lex fori lex rei sitae limited Lord matter ment neutral object offence opinion particular parties peace Pennsylvania Perels persons Phill Phillimore political port position principle prize court Prize Law punishment question regarded residence respect Roman Roman law rule Russia says sense ship sovereign sovereignty statute supra supreme court territory tion treaty United vessel Wall Whart Wheat Wheaton
Popular passages
Page 345 - A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
Page 563 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 588 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Page 683 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Page 695 - Was it possible to lose the nation and yet preserve the Constitution? By general law, life and limb must be protected, yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution, through the preservation of the nation.
Page 347 - I arose, but that her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that her Majesty's Government had undertaken to act upon the principles set forth in these rules.
Page 563 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 563 - Under these powers the government regulates the conduct of its citizens one towards another, and the manner in which each shall use his own property, when such regulation becomes necessary for the public good.
Page 591 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 667 - To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous.