The American Law Register Volume 1

The American Law Register Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...Courts, and the "English Courts" embrace the Court of Chancery.2 i Year Book, 4 H. VII, 5, ease 10. t Moor's Reports, p. 748. Demise le Roy. Informations in Chancery were absolutely necessary to enforce a use in behalf of the King. The King could, as is-well known, take a use. Thus Empson and Dudley were seized to the use of the King.i So Crorapton says, " If one is enfeoffed to the use of the King, he shall have a subpoena, and though he is a politic hody, he can take a use."2 lie must therefore have taken it in his public capacity, or as representing the public. No reason can be perceived why he could not take a charitable use which is public in its nature. All the King's Courts were open to him, and he had his election in which of them to sue, according to the nature of the case.3 This is the rule at the present day. A legal right on the part of the public to a charitable use, can be enforced by information in Chancery.4 A petitjon was filed in Chancery in the time of Henry VIII, by W. Whorehood, Attorney General.5 II. An information in Chancery could be used to establish a title to wardship, and to determine what person should have the care of infants, at least of the "King's infants." The King was interested as "parens patriae" in watching over those who were unable to protect themselves. It will be observed that this proposition bears closely upon our subject, for if the right of the infant could be in this manner established, no reason can be given why the royal protection should be withheld from the poor. In the Year Book, 1 Ed. V, p. G, an information of this kind was filed, upon which a subpoena was granted in the regular course of Chancery procedure. The case came before the Bishop of Lincoln, ...
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Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236515668
  • 9781236515667