The Spirit of Our Laws

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Sweet & Maxwell, limited, 1906 - 299 páginas
 

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Página 53 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.
Página 63 - THE antiquity and excellence of this trial, for the settling of civil property, has before been explained at large '. And it will hold much stronger in criminal cases ; since, in times of difficulty and danger, more is to be apprehended from the violence and partiality of judges appointed by the crown, in suits between the king and the subject, than in disputes between one individual and another, to settle the metes and boundaries of private property.
Página 213 - All causes and matters for any of the following purposes : The administration of the estates of deceased persons ; The dissolution of partnerships or the taking of partnership or other accounts ; The redemption or foreclosure of mortgages ; The raising of portions, or other charges on land ; The sale and distribution of the proceeds of property subject to any licn or charge ; The execution of trusts, charitable or private ; The rectification, or...
Página 63 - I may venture to affirm has, under Providence, secured the just liberties of this nation for a long succession of ages. And, therefore, a celebrated French writer, who concludes that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected that Rome, Sparta, and Carthage, at the time when their liberties were lost, were strangers to the TRIAL BY JURY.
Página 153 - ... necessary or proper for the attainment of justice or defending the rights of the party, or which appear to the taxing officer to have been incurred through overcaution, negligence, or mistake, or merely at the desire of the party.
Página 63 - So that the liberties of England cannot but subsist so long as this palladium remains sacred and inviolate, not only from all Dissenting Opinion: Harlan, J. open attacks (which none will be so hardy as to make), but also from all secret machinations which may sap and undermine it...
Página 19 - A parliament is rather an act than a body of persons. One cannot present a petition to a colloquy, to a debate. It is but slowly that this word is appropriated to colloquies of a particular kind, namely, those which the king has with the estates of his realm, and still more slowly that it is transferred from the colloquy to the body of men whom the king has summoned. As yet any meeting of the king's council that has been solemnly summoned for general business seems to be a parliament.
Página 49 - It may be asserted without fear of contradiction that It is not possible in the year 1887 for an honest litigant in Her Majesty's Supreme Court to be defeated by any mere technicality, any slip, any mistaken step in his litigation.
Página 169 - The cases, however, which have been cited and commented on at the bar, appear to establish in general, that R% is liable for the consequences of ignorance or non-observance of the rules of practice of this court ; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause, as is usually and ordinarily allotted to his department of the profession. Whilst on the other hand, he is not answerable...
Página 66 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...

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