A History of English Law; Or an Attempt to Trace the Rise, Progress, and Successive Changes, of the Common Law from the Earliest Period to the Present Time

A History of English Law; Or an Attempt to Trace the Rise, Progress, and Successive Changes, of the Common Law from the Earliest Period to the Present Time

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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. 1829 edition. Excerpt: ... of the same transaction. The courts, therefore, were now called upon to determine from what county the venire facias should be awarded. In doing this they appear to have been guided by no rule, but to have determined every case on its own merits. In questions of villenage, where the issue was, that the demandant was a villein regardant to the manor of N. in one county, and the birth was laid in another county, they sometimes awarded the venue according to the old law, where the villenage was alleged, and sometimes where the birth was laid. In other cases the venue was awarded where the fact happened, and sometimes where the land lay which was the matter in question, probably according as it appeared to the court that the cause could best be tried in this or that place. In after times, when this point of law was more defined, actions were distinguished into local, when they were obliged to be brought in the county where the cause of action arose; and transitory, when they might be brought in any other county. The taking exceptions to jurors was now called challenging, in Latin calumnia, in the improper sense of making a charge. To challenge, probably derived from call, signifies here as much as to call, or single out a person, by way of objection to him. Challenges were either to the array, that is, to all the jurors, or the whole panel or little square of parchment in which the names of the persons were arranged in order, or to the poll in capita, that was, to the head or person of any particular juror. Challenges were made on various grounds; as, if a juror was nominated by either CHAP. party, if the sheriff was de robes, as it was called, to either party, or a relation even in the eleventh degree, or held leases or lands under either party, ..show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236644476
  • 9781236644473