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9)
Common Law
and used by some particular Courts, of pretty general and
extensive jurisdiction. For into these are the "three heads" into
which he tells us, "this unwritten or Common Law, is
properly distinguishable.
As to the above articles given us for specimens we will
now consider them in their the order in which he has mentioned them.
First, as to "the course in which lands descend by inheritance".
Londoners At present they descend to the eldest male, in
exclusion of all other children. In the Saxon times,
if we may believe our Author himself,† † II. c.14. p.215. or at least to all the males. As did they descended to all the children equally. Their
Socage estates"frequently" were so late as the reign of Henry the second‡ ‡n ibid..
This "Immemorial" has been the usage on that this head.
2dly As to the manner and form of acquiring and transferring property,
This is performed at present by a variety of complicated
conveyances, of different honors according to the different
species of property and or interests in property to be convey'd by them. and the different
Of these conveyances none that bear any resemblance to those
in use [for the like purposes] in the Saxon times: Of the origin Of many
if not all of them we may trace the origin know the date. We know it to
be in comparison of the Saxon times, very recent. Many
of them we know to have taken their rise from Statutes:
the dates of which we know to a year. Such are those of Lease
and Release, Bargain & Sale. Wills of Land. Some
fro Statutes and judicial determinations together; of both of
which we know pretty well the : Such are those of
Fine and Recovery. No. the Our Saxon Ancestors with all
their misfortunes were not so unfortunate as to have been
Identifier: | JB/028/120/001 "JB/" can not be assigned to a declared number type with value 28.
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b9 / e10 / b11 / e12 |
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jeremy bentham |
[[watermarks::[monogram] [britannia with shield emblem]]] |
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