Law Miscellanies: Containing an Introduction to the Study of the Law: Notes ... - Hugh Henry Brackenridge - Google Books

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General rules and maxims which have been laid down by

courts of justice for the construction and exposition of

the several species of common assurances, &c. 1 Bl.
Com, 379,

Upon the two principles of inconvenience and hazard,

compared together, different nations have at different

times established different rates of interest. 2 Bl.

NOTES ON BLACKSTONE'S COMMENTARIES, BOOK 3.

Abatement, or removal of nuisances. 3 Bl. Com. 5,

Redress of injuries by suit in courts. 3 Bl. Com. 22,

The high court of chancery, &c. 3 Bl. Com. 47,

Ecclesiastical courts; equity courts. 3 Bl. Com. 98,

Some agreements indeed, though never so expressly made,

are deemed of so important a nature, that they ought

not to rest in verbal promise only, which cannot be

proved but by the memory (which will sometimes in-
duce the perjury) of witnesses. 3 Bl. Com. 159,
A writ then of ejectionc firmæ, or action of trespass in
ejectment, lieth where lands or tenements are let for
a term of years: and afterwards the lessor, rever-
sioner, remainder man, or any stranger doth eject or
oust the lessee of his term. 3 Bl. Com. 199,

For every man's land is, in the eye of the law, enclosed

and set apart from his neighbour's. 3 Bl. Com. 209,

Writ of mandamus. 3 Bl. Com. 264,

Limitation to six years after cause of action commenced,

170

173

Set-off. 3 Bl. Com. 304,

Thus much for judgments; to which costs are a neces-

sary appendage. 3 Bl. Com. 399,

Writ of error. 3 Bl. Com. 406,

The next species of execution is against the goods and

chattels of the defendant; and is called a writ of fieri

facias, 3 Bl. Com. 417,

The fourth species of execution is by writ of elegit. 3 Bl.
Com. 418,

Freehold lands which he had at the time of the judgment

given. 3 Bl. Com. 418,

Wager. 3 Bl. Com. 452,

Extract of a letter from Joseph Reed, recorder of the
city of Philadelphia,

NOTES ON BLACKSTONE'S COMMENTARIES, BOOK 4.

But by stat. 22 Car. 2. c. 7, no person is allowed to work
on the Lord's day. 4 Bl. Com. 63,

Conspiracy. 4 Bl. Com. 136,

Of a nature very similar to challenges are libele. 4 Bl.
Com. 150,

We are next to consider the crime of wilful and delibe-

rate murder; a crime at which human nature starts;

and which is, I believe, punished almost universally

throughout the world with death. 4 Bl. Com. 194,

The contempts, that are thus punished, are either direct,
&c. or else are consequential. 4 Bl. Com. 283,

NOTES ON SMITH'S EDITION OF THE LAWS OF PENN-

Whether a sale of defendant's lands, under a younger

judgment, affects the lien of an older one, remains

undecided. 1 Smith, referring to a dictum of judge

Yeates, 2 Bin. 218,

2 Smith's Laws, 127,

2 Smith's Laws, 105,

The juror's oath altered by act of 21st March, 1806,

An enquiry into the causes of that obloquy, under which

the supreme court of this state laboured from the

year 1800, down, during a period of several years,

On the naturalization laws of congress, and the principle

involved in the right of expatriation,

243

On certain acts of congress, and the construction put upon

those acts by the courts of the United States,

On the extent of the judicial power of the courts of the

Of errors, as it would seem to me, in decisions of the su-

preme court of the United States,

McIlvaine v. Coxe's lessee. 2 Cranch, 280,

Simms and Wise v. Slacum. 3 Cranch, 300,

The United States v. Fisher et al. assignees of Blight,

Rhinelander v. Insurance company of Pennsylvania. 4

Ex parte Bollman, and ex parte Swartwout. 4 Cranch, 75,

Craudson and others v. Leonard. 4 Cranch, 434,

The United States v. Judge Peters. 5 Cranch, 115,

Pierce v. Turner. 5 Cranch, 154,

Hepburn and Dundas v. Auld. 5 Cranch, 262,

United States v. Evans. 5 Cranch, 280,

O'Neal v. Thornton. 6 Cranch, 53,

Chesapeake Insurance Company v. Stark. 6 Cranch, 268,

Notes relative to judge Tucker's commentary on the

constitution of the United States,

On the construction of art. 4, sec. 4, of the constitution

of the United States,

NOTES ON BLACKSTONE'S COMMENTARIES, &C.

The customs of London are confirmed by an act of

liament. I Bl. Com. 75,

Penal statutes must be construed strictly. 1 Bl. Com. 87,

Sheriff. 1 Bl. Com. 339,

For it is a principle of universal law, that the natural

born subject to one prince, cannot, by any act of his

own, no, not by swearing allegiance to another, put

off or discharge his natural allegiance to the former,

&c. &c. 1 Bl. Com. 369,

The case of Clark, sentenced as a spy, remarked upon,

Extract of two notes of Mr. Duponceau, under the head

These are the principal distinctions between aliens, deni-

zens, and natives; distinctions which it hath been fre-

quently endeavoured, since the commencement of this

century, to lay almost totally aside by one general na-

turalization act, for all foreign protestants. 1 BI.

This venerable body of men, being separate and set apart

from the rest of the people, in order to attend more

closely to the service of Almighty God, have there-

upon large privileges allowed them by our municipal

laws. 1 Bl. Com. 376,

There are two kinds of divorce, the one total, the other

partial. 1 Bl. Com. 440,

The constitution of feuds had its origin from the military

policy of the Northern or Celtic nations. It was brought

by them from their own countries, &c. 2 Bl. Com. 44,

Escheat. 2 Bl. Com. 72,

Hither might have been referred the advantages which

used to arise to the king from the profits of his mili-

tary tenures, to which most lands in the kingdom

were subject, until the statute 12 Car. 2. c. 24,

which, in a great measure, abolished them all. 2 Bl.

As to the power of charging lands with the debts of the

owner. 2 Bl. Com. 289,

Justices of the peace. 1 Bl. Com. 349,

An estate tail may be barred, or destroyed by a fine, by a

common recovery, &c. 2 Bl. Com. 116,

By the statutes, 31 Hen. 8. c. 1 and 32 Hen. 8. c. 32. joint

tenants, &c. are compellable by writ of partition to

divide the lands. 2 Bl. Com. 185,

Where there is the least probable cause to found such

prosecution upon. 3 Bl. Com. 126,

An assize of nuisance. 3 Bl. Com. 220,

Whereby he is endamaged to such a value. 3 Bl. Com. 295,

The whole of this process is denominated the pleading.

3 Bl. Com. 310.

A common jury is one returned by the sheriff according

to the direction of the statute

As the jurors appear when called, they shall be

sworn, unless challenged by either party. 3 Bl. Com.

358,

Thus much for costs to which judgments are a neces-

sary appendage. 3 Bl. Com. 339,

The king (and any person suing to his use) shall neither

pay nor receive costs. 3 Bl. Com. 400,

To this real sullenness, but affected timidity of the

judges, such a narrowness of thinking was added, that

every slip (even of a syllable or letter) was now held

to be fatal to the pleader, and overturned his client's

cause. 3 Bl. Com. 410

Habere facias seisinam, or writ of seizon of a freehold.

3 Bl. Com. 412,

And thus lastly, for the sake of a more beneficial and com-

plete relief, by decreeing a sale of lands. 3 Bl. Com.

439,

An answer is the most usual defence that is made to a

plaintiff's bill. It is given upon oath-

In almost every case, the plaintiff may demand the

oath of his adversary. 3 Bl. Com. 446,

By the ancient common law, there was a great latitude

left in the breast of the judges, to determine what was

treason, or not so: whereby the creatures of tyranni-

cal princes had opportunity to create abundance of

constructive treason. 4 Bl. Com. 75,

463

471

In civil cases we have seen that every defendant is bail-

able; but in criminal matters it is otherwise. 4 Bl.

All presumptive evidence of felony should be admitted

cautiously. 4 Bl. Com. 358,

OBSERVATIONS ON ACTS OF ASSEMBLY THAT MAY BE

REPEALED OR MODIFIED.

Act of 3d December, 1782,

Act of assemby 21st March, 1806, § 13,

An act to regulate arbitrations and proceedings in courts

Act of assembly March 19th, 1810,

On the judiciary system of the state,

Hints towards a general law on the subject of writs of

Opinion on a curious question of practice

Opinion in the case of Lessee of Ziebach v. Morgan,

Respub v. McLean,

On the granting new trials,

Observations to the student on the practice of the law,

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