Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict with Each Other, and with the Law of England, Band 1

Saunders and Benning, 1838

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Seite xxxii - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law, as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Seite xv - Britain ; and that in all matters of controversy relative to property and civil rights resort shall be had to the laws of Canada as the rule for the decision of the same...
Seite 711 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland or Ireland or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents) shall be capable to be of the privy council, or a member of either house of parliament...
Seite lxv - President in such and the same Form, or as nearly as may be, as that in which a Writ of Subpoena ad testificandum or of Subpoena duces tecum is now issued by...
Seite xxxi - That if there be a new and uninhabited country found out by English subjects, as the law is the birthright of every subject, so, wherever they go, they carry their laws with them, and therefore such new found country is to be governed by the laws of England...
Seite 512 - ... be executed by her in the character of protector for the sole purpose of giving her consent to the disposition of a tenant in tail, shall, upon her executing the same, or afterwards, be produced and acknowledged by her as her act and deed before a judge of one of the superior Courts at Westminster, or a master in chancery, or before two of the perpetual commissioners, or two special commissioners, to be respectively appointed as hereinafter provided.
Seite 203 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during marriage, or at least is incorporated and consolidated into that of the husband under whose wing, protection and cover she performs everything . . . and her condition during her marriage is called her coverture.
Seite 757 - ... that he or she believeth that there is not any impediment of kindred or alliance, or other lawful hindrance to the said marriage...
Seite 76 - In every case where a child is born in lawful wedlock, the husband not being separated from his wife by a sentence of divorce, sexual intercourse is presumed to have taken place between the husband and wife, until that presumption is encountered by such evidence as proves to the satisfaction of those who are to decide the question, that such sexual intercourse did not take place at any time, when by such intercourse the husband could, according to the laws of nature, be the father of such child™.
Seite 555 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by (he party to be charged therewith...

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