A New Abridgment of the Law with Large Additions and Corrections, Volumen9T. Davis, 1846 |
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Página 60
... rule to construe the words in mitiori sensu . As the mischief , notwithstanding this rule was carried very far , did con- tinue , it was declared by a statute , " That in an action upon the case for slanderous words , if the jury do ...
... rule to construe the words in mitiori sensu . As the mischief , notwithstanding this rule was carried very far , did con- tinue , it was declared by a statute , " That in an action upon the case for slanderous words , if the jury do ...
Página 61
... rule of construing words in mitiori sensu has been long superseded ; and slanderous words are now understood by the courts in the plain and popular sense in which the rest of the world naturally under- stand them . 5 East , 463 ...
... rule of construing words in mitiori sensu has been long superseded ; and slanderous words are now understood by the courts in the plain and popular sense in which the rest of the world naturally under- stand them . 5 East , 463 ...
Página 71
... oath may have been taken in a private house , and not in a court . 1 Roll . Abr . 42 , Pritchard v . Smith . These two cases were determined when the rule of construing words ( I ) How Want of Certainty in Words may SLANDER . 71.
... oath may have been taken in a private house , and not in a court . 1 Roll . Abr . 42 , Pritchard v . Smith . These two cases were determined when the rule of construing words ( I ) How Want of Certainty in Words may SLANDER . 71.
Página 75
... rule , of construing doubtful words in mitiori sensu , does not only coincide with the general tenderness of the English law , but it is authorized by the two following maxims : Benignior sensus in generalibus et dubiis præferendus ...
... rule , of construing doubtful words in mitiori sensu , does not only coincide with the general tenderness of the English law , but it is authorized by the two following maxims : Benignior sensus in generalibus et dubiis præferendus ...
Página 76
... rule of construing words in mitiori sensu was carried very far : but it is doubtful whether any one of them be at this day law . The rule of construing slanderous words in mitiori sensu is now ex- ploded ; and it is not now requisite ...
... rule of construing words in mitiori sensu was carried very far : but it is doubtful whether any one of them be at this day law . The rule of construing slanderous words in mitiori sensu is now ex- ploded ; and it is not now requisite ...
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Términos y frases comunes
act of parliament action lies action of trespass action of trover afterwards alleged arrest assumpsit averred Barn bond bring money cause charge common law common rule Court of Chancery Court of King's customs damages declaration defendant delivered divers duty East Eliz enacted evidence felony fieri facias frank-almoign granted guilty Hawk high treason holden indictment injury Inst intended issue judge jury justice king King's Bench laid land liable lies for publishing Lord maintain an action majesty's money into court nisi prius offence officer overt act parliament party peace person plaintiff plea pleaded publishing these words Raym refused Roll Salk Saund sheriff slander socage soldier stamp statute Stra supersedeas Taunt tenant tender tenure Term therein thereof Tresp Trespass lies trial tried United Kingdom unless verdict Vide writ of error writ of supersedeas
Pasajes populares
Página 246 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 208 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available...
Página 429 - An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject...
Página 417 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Página 240 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Página 218 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Página 429 - James, and since his decease, pretending to be and taking upon himself the stile and title of King of England by the name of James the Third, or of Scotland by the name of James the Eighth, or the stile and title of King of Great Britain, hath not any right or title whatsoever to the crown of this realm...
Página 222 - ... no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Página 136 - Majesty shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food by man, and if any goods so prohibited shall be exported from the United Kingdom or carried coastwise, or be water-borne to be so exported or carried, they shall be forfeited.
Página 217 - Council and them, that the King by his proclamation cannot create any offence which was not an offence before; for then he may alter the law of the land by his proclamation in a high point: for if he may create an offence where none is, upon that ensues fine and imprisonment...