The Law Magazine, Or, Quarterly Review of JurisprudenceSaunders and Benning, 1835 |
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Page 99
... Lord Stowell , speaking with reference to the act of the master , " is com- paratively of later growth , and arose out of the necessities of an enlarged com- merce , " and he cites the following passage from Bynkershoek . " Origo hujus ...
... Lord Stowell , speaking with reference to the act of the master , " is com- paratively of later growth , and arose out of the necessities of an enlarged com- merce , " and he cites the following passage from Bynkershoek . " Origo hujus ...
Page 100
... Lord Eldon . 3 " The hypothecation , or bottomry bond , " says Lord Stowell , " known to the civil law , and acted upon with an undoubted authority by this court , is a bond whereby the captain of a vessel , not having any credit in the ...
... Lord Eldon . 3 " The hypothecation , or bottomry bond , " says Lord Stowell , " known to the civil law , and acted upon with an undoubted authority by this court , is a bond whereby the captain of a vessel , not having any credit in the ...
Page 101
... Lord Stowell doubted his jurisdiction to entertain the suit at all , on the ground that it was not that species of maritime contract which belonged to the cognizance of his court . In the case of Simonds v . Hodgson the master bound ...
... Lord Stowell doubted his jurisdiction to entertain the suit at all , on the ground that it was not that species of maritime contract which belonged to the cognizance of his court . In the case of Simonds v . Hodgson the master bound ...
Page 102
... Lord Stowell in the Atlas , 2 Hag . 62. " The civil law courts , " he says , " have no right to usurp an authority merely because a common law court does not possess it : it must have a more direct and positive foundation . A court of ...
... Lord Stowell in the Atlas , 2 Hag . 62. " The civil law courts , " he says , " have no right to usurp an authority merely because a common law court does not possess it : it must have a more direct and positive foundation . A court of ...
Page 103
... Lord Stowell , in one of those admirable judgments which have immortalized his name , to say that bonds of this description when entered into fairly and bonā fide are very favourably regarded in this court . They are given as a security ...
... Lord Stowell , in one of those admirable judgments which have immortalized his name , to say that bonds of this description when entered into fairly and bonā fide are very favourably regarded in this court . They are given as a security ...
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Common terms and phrases
act of bankruptcy action affidavit agreement amount application appointed arrest assignment assumpsit attorney bail bankrupt bill of exchange Bing bottomry cause Commissioners common law consideration contract costs Court court-martial creditor debt declaration deed defendant delivered demurrer discharge duty effect enactments entitled equitable evidence execution forfeiture fraud fraudulent freight give given Hale Held insolvent Interpleader issue judge judgment jury justice land lease Lord Lord Eldon Lord Ellenborough Lord Mansfield Lord Stowell master ment mortgage nonsuit notice objection offence owner paid parish parliament party payment penalty person petition plaintiff plea Pleading port possession Practice present prisoner proceedings promissory note provisions punishment received reference refused respect rule seaman sheriff ship Sir Matthew Hale Statute Law sufficient tenant testator tion trader trial trustees Tyrw United Kingdom vessel voyage wages witness writ
Popular passages
Page 83 - Why, man, he doth bestride the narrow world, Like a Colossus ; and we petty men Walk under his huge legs, and peep about To find ourselves dishonourable graves.
Page 235 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to Substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits; and to make other Provisions for the Abolition of unnecessary Oaths.
Page 32 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any arson, rape, robbery or burglary, s'hall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of -the second degree...
Page 236 - An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for those purposes respectively...
Page 467 - An Act to defray the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland ; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia ; and to authorize the Employment of the Non-commissioned Officers.
Page 76 - Of all monarchs, indeed, since the Revolution, the successor of George the Third will have the finest opportunity of becoming nobly popular.
Page 236 - One thousand eight hundred and thirty-two ; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term...
Page 462 - Ireland; and to amend an Act of the Second and Third Years of his present Majesty, for transferring the Powers and Duties of the Commissioners of Public Accounts in Ireland to the Commissioners for auditing the Public Accounts of Great Britain.
Page 110 - And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their superior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore...
Page 177 - The declaration alleged that the defendant undertook to cultivate and manage the farm and lands according to the course of good husbandry and the custom of the country...