Law MiscellaniesBrackenridge, Hugh. Law Miscellanies: Containing an Introduction to the Study of Law; notes on Blackstone's Commentaries, Shewing the Variations of the Law of Pennsylvania from the Law of England, and what Acts of Assembly Might Require to be Repealed or Modified Observations on Smith's Edition of the Laws of Pennsylvania; Strictures on Decisions of the Supreme Court of the United States, and on Certain Acts of Congress, with Some Law Cases, and a Variety of Other Matters, Chiefly Original. Philadelphia: P. Byrne, 1814. 588 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-059548. ISBN 1-58477-161-5. Hardcover. * Facsimile reprint of the 1814 original edition. Described by Charles Warren as one of the four early American general works on the Common Law that "showed genuine scientific thought and research and have remained of more or less permanent value in American legal literature." Warren, A History of the American Bar 335-336. Brackenridge [1748-1816], published this, his most important legal work while he was a Supreme Court Justice of Pennsylvania. Dictionary of American Biography I:544-545. See Eller, The William Blackstone Collection in the Yale Law Library 142 and Cohen, Bibliography of Early American Law 5375. |
Contents
| i | |
| vii | |
| xxvi | |
| 36 | |
| 54 | |
On the amendment or alteration of laws | 70 |
And it law is that rule of action which is prescribed | 76 |
Bl Com 141 | 95 |
Coxes lessee 2 Cranch 280 | 318 |
Simms and Wise v Slacum 3 Cranch 300 | 326 |
Insurance company of Pennsylvania 4 | 336 |
Craudson and others v Leonard 4 Cranch 434 | 342 |
The United States v Judge Peters 5 Cranch 115 | 361 |
Turner 5 Cranch 154 | 375 |
Chesapeake Insurance Company v Stark 6 Cranch 268 | 385 |
SECOND SERIES | 395 |
The kings prerogative 1 Bl Com 246 | 115 |
How dower may be barred or prevented 2 Bl Com 136 | 140 |
General rules and maxims which have been laid down | 150 |
NOTES ON BLACKSTONES COMMENTARIES BOOK 3 | 157 |
The high court of chancery c 3 Bl Com 47 | 167 |
For every mans land is in the eye of the law enclosed | 176 |
Bl Com 304 | 182 |
Limitation to six years after cause of action commenced | 189 |
rate murder a crime at which human nature starts | 194 |
Writ of error 3 Bl Com 406 | 197 |
The fourth species of execution is by writ of elegit 3 | 207 |
Extract of a letter from Joseph Reed recorder of | 214 |
Bl Com 136 | 220 |
Of a nature very similar to challenges are libele 4 | 230 |
NOTES ON SMITHS EDITION OF THE LAWS OF PENN | 249 |
Whether a sale of defendants lands under a younger | 258 |
Smiths Laws 105 | 264 |
The jurors oath altered by act of 21st March 1806 | 279 |
On the naturalization laws of congress and the principle | 290 |
On certain acts of congress and the construction put upon | 296 |
On the extent of the judicial power of the courts of | 305 |
Bl Com 339 | 401 |
The case of Clark sentenced as a spy remarked upon | 409 |
Extract of two notes of Mr Duponceau under the head | 415 |
There are two kinds of divorce the one total the other | 421 |
As to the power of charging lands with the debts of | 427 |
An estate tail may be barred or destroyed by a fine by | 435 |
Whereby he is endamaged to such a value 3 Bl Com 295 | 457 |
A common jury is one returned by the sheriff according | 463 |
And thus lastly for the sake of a more beneficial and com | 471 |
In civil cases we have seen that every defendant is bail | 502 |
OBSERVATIONS ON ACTS OF ASSEMBLY THAT MAY | 511 |
Act of assembly March 19th 1810 | 522 |
Hints towards a general law on the subject of writs | 529 |
Opinion in the case of Lessee of Ziebach v Morgan | 538 |
On the granting new trials | 549 |
Observations to the student on the practice of the law | 560 |
Conclusion | 573 |
| 585 | |
121 | 593 |
The nature and degrees of kindred being thus in some | 607 |
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Page 43 - 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.