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17 Aug 1804 | 17 Aug 1804 | ||
<p> | |||
As every thing distreined<lb/> is presumed to be the<lb/> property of the wrong <lb/>doer, it follows that <lb/>such things wherein no <lb/>man can have an absolute <lb/>of valuable property <lb/>(as dogs, cats, rabbits, <lb/>of all animals ferae naturae) <lb/>cannot be distreined.<lb/>III 1.8</p> | |||
<p>Things fixed to the freehold<lb/>may not be distrained,<lb/> as <unclear>caldrons</unclear>, windows,<lb/>doors, & chimney<lb/> pieces, for they savor of<lb/> the realty. III 10</p> | |||
<p>The remedy for excessive<lb/> distresses is by a<lb/> special action on the<lb/> statue of Marlbridge;<lb/> for an action of trespass<lb/> is not maintainable<lb/> upon this account, it<lb/> being no injury at the<lb/> common law. III 12</p> | |||
<p>By our excellent constitution the sole executive<lb/> power of the law<lb/> is vested in the person<lb/> of the king. III 23</p> | |||
<p>In all...courts the<lb/> king is supposed in<lb/> contemplation of law<lb/> to be always present.<lb/>III 24</p> | |||
<p>Records...are of<lb/> such high and super-eminent<lb/> authority, that<lb/> their truth is not to<lb/> be called in question.<lb/> For it is a settled rule<lb/> of maxim that nothing<lb/> shall be averred against<lb/> a record, not shall any<lb/> plea, or even proof,<lb/> be admitted to the contrary.<lb/>III 24</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
17 Aug 1804
As every thing distreined
is presumed to be the
property of the wrong
doer, it follows that
such things wherein no
man can have an absolute
of valuable property
(as dogs, cats, rabbits,
of all animals ferae naturae)
cannot be distreined.
III 1.8
Things fixed to the freehold
may not be distrained,
as caldrons, windows,
doors, & chimney
pieces, for they savor of
the realty. III 10
The remedy for excessive
distresses is by a
special action on the
statue of Marlbridge;
for an action of trespass
is not maintainable
upon this account, it
being no injury at the
common law. III 12
By our excellent constitution the sole executive
power of the law
is vested in the person
of the king. III 23
In all...courts the
king is supposed in
contemplation of law
to be always present.
III 24
Records...are of
such high and super-eminent
authority, that
their truth is not to
be called in question.
For it is a settled rule
of maxim that nothing
shall be averred against
a record, not shall any
plea, or even proof,
be admitted to the contrary.
III 24
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Identifier: | JB/097/144/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-08-17 |
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097 |
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144 |
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001 |
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collectanea |
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recto |
d13 |
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31528 |
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