Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841].S. Sweet, 1839 - Law reports, digests, etc |
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Page 23
... statute , and it is not averred or shewn in or by the said last plea that the same is pleaded , or that the defendant claims the benefit thereof , according to or by virtue of the statute in such case made and provided and also for that ...
... statute , and it is not averred or shewn in or by the said last plea that the same is pleaded , or that the defendant claims the benefit thereof , according to or by virtue of the statute in such case made and provided and also for that ...
Page 50
... Statute of Uses ; that the Court will therefore take notice that ( as the fact is well known to be ) a good and valuable consideration may have existed for this grant , though not expressed upon the face of the deed ; that , as the law ...
... Statute of Uses ; that the Court will therefore take notice that ( as the fact is well known to be ) a good and valuable consideration may have existed for this grant , though not expressed upon the face of the deed ; that , as the law ...
Page 52
... statute merchant brought an assize , and pending the plea the fee simple descended upon him , it was held that this abated the writ , for the descending of the greater estate extinguished the lesser . So in Northern's case ( a ) , where ...
... statute merchant brought an assize , and pending the plea the fee simple descended upon him , it was held that this abated the writ , for the descending of the greater estate extinguished the lesser . So in Northern's case ( a ) , where ...
Page 65
... statute a record of sessions . Even however if the order of sessions was to be taken as a record , it was pro- perly proved . It had a regular caption , shewing the autho- rity under which it was made , which distinguishes the pre- sent ...
... statute a record of sessions . Even however if the order of sessions was to be taken as a record , it was pro- perly proved . It had a regular caption , shewing the autho- rity under which it was made , which distinguishes the pre- sent ...
Page 86
... statutes to copyholds is this , that when a statute alters the tenure of any estate , or does any prejudice either to the lord or tenant , the general words of the act will not extend to copyholds ; but when the act is made for the ...
... statutes to copyholds is this , that when a statute alters the tenure of any estate , or does any prejudice either to the lord or tenant , the general words of the act will not extend to copyholds ; but when the act is made for the ...
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Common terms and phrases
admitted affidavits aforesaid agreement alleged Alnwick appears applied assigned assumpsit attestation authority averment award bankrupt BATCHELDOR bill Bing borough cause of action certiorari churchwardens clause Coleridge Company contended contrà contract copyhold corporation COSTOCK costs count Court CROYDON CANAL damages debt declaration defendant defendant's delivered demise demurrer discharged entitled evidence execution fact grant ground habeas corpus held Hungerford Market issue judge judgment jury justices lands lease lessor liable Littledale Liverpool Lord Den Lord Denman C. J. mandamus manor master ment Michaelmas mortgagee notice objection opinion order of sessions overseers paid parish parties Patteson pauper payment person plaintiff plea pleaded possession premises present prisoner proved quarter sessions quashed QUEEN question rateable rent Royds rule seal settlement sheriff shewed cause shewn statute tenant term testator thereof tion transhipment trustees Upper Canada Van Diemen's Land verdict Williams witnesses writ YEAVELEY
Popular passages
Page 315 - CD, or any person in trust for him, was seised or possessed of on the said day of (c), or at any time afterwards, or over which the said CD, on the said day of (c), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit...
Page 675 - Testament, in witness whereof I the said John McMillan have to this my Last Will and Testament set my hand and seal the day and year above written.
Page 312 - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 317 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any person in trust for him, was...
Page 315 - Therefore we command you, that without delay you cause to be delivered to the said ./. B., by a reasonable price and extent, all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 317 - CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of /. and /., together with interest upon the said sum of /., at the...
Page 322 - AB in pursuance of the said decree [or, order, as the case may be~\ . And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf. And in what manner you shall have executed this our writ, make appear to us, in our said Court immediately after the execution thereof.
Page 129 - ... be paid into the Bank of England in the name and with the privity of the accountant general of the Court of Exchequer, to be placed to his account there ex parte the commissioners of sewers for whom such lands, tenements, or hereditaments shall be taken, pursuant to the method prescribed by an Act passed in the first year of the reign of...
Page 321 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 445 - Will. 4, c. 32, s. 47, which says, " and for the protection of persons acting in the execution of this act, be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act...