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21 Augt 1806.
On the same principle
it, (of an implied
original contract to submit
to the rules of the
community, whereof we
are members) that the
a forfeiture imposed by
the by-laws & private ordinances
of a corporation
etc. ..... immediately
create a debt in the
eye of the law. III 159.
General implication
& intendment of the
courts of judicature, that
every man hath engaged
to perform what his duty
or justice requires. III 161
If I employ a person
to transact any business
for me .... the
law implies that I undertook,
or assumed to
pay him so much as
his labour deserved.
And if I neglect to make
him amends, he has a
remedy for this injury
by bringing his action on
the case upon this implied
assumpsit, wherein
he is at liberty to suggest
that I promised to pay
him so much as he
reasonably deserved. III 616.
If A has the jus proprietatis,
and B. by some unlawful
means has gained
possession of lands
.... dies seised of the
lands, then B.'s heir ...
hath not only a bare
possession, but also an
apparent jus possession
or right of possession.
For the law presumes,
that the possession, which
is transmitted from the
ancestor to the heir, is
a rightful possession,
until the contrary be
shown: & therefore the
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mere entry of A is not
allowed to evict the
heir of B; but A is
driven to his action at
law to remove the
possession of the hier,
though his entry alone
would have dispossessed
the ancester. III 177
Victim defended in Ejectment
[A Writ of ejectment is]
founded on the same
principle as the antient
writs of assize
being calculated to try
the mere possessory
title to an estate; &
hath succeeded to those
real actions, as being
infinitely more convenient
for attaining
the end of justice;
because the form of
the proceeding being
entirely fictitious; it is
wholly in the power
of the court to direct
the application of that
fiction, so as to prevent
fraud & chicane, and
eviscerate the very truth
of the title. III 205
Taking or detaining
a man's goods are
respectively trespasses;
for which an action
of trespass vi et armis,
or on the case in trover
& conversion is given by
the law. III 208.
Depriving one of a
mere matter of pleasure
as of a fine prospect,
by building a wall, or
the like; this as it
abridges nothing really
convenient or necessary,
is no injury to the
sufferer, & is therefore
not an actionable
nuisance. III 217
De minimus non
curat lex. III 228
In the case of distress
for fealty or suit of
court, no distress can
be unreasonable, immoderate,
or too large:
for this is the only remedy
to which the
party aggrieved is intitled,
& therefore it ought to
be such as is sufficiently
compulsory; &, be it of
what value it will,
there is no harm done,
especially as it cannot
be sold or made away
with, but must be restored
immediately on satisfaction
made. III 231.
For a freehold rent,
reserved on a lease for
life, etc, no action of
debt lay by the common
law, during the continuance
of the freehold
out of which it issued:
for the law would not
suffer a real injury
to be remedied by an
action that was merely
personal. [] III 232.
The prerogative of the
crown extends not to do
any injury; for, being
created for the benefit
of the people, it cannot
be exerted to their prejudice. III 255
This intricacy of our
legal process will be
found, when attentively
considered, to be one of
those troublesome, but
not dangerous, evils,
which have their root
in the frame of our constitution,
& which therefore
can never be cured without
hazarding every
thing that is dear to us. III 267
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