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14 June 1804
The remedy for... false imprisonment, is by an action of trespass vi et armis... which is generally & almost unavoidably accompanied with a charge of assault and battery also III 138
Abduction [of a man's wife]... may either be by fraud and persuasions or open violence: though in law in both cases supposes force & constraint, the wife having no power to power to consent
III 139
Adultery... a public crime
III 139
The law of society is ... a kind of secondary law of nature
III 145
Things personal are looked upon by the law as of a nature so transitory and perishable, that it is for the most part impossible either to ascertain their identity, or to restore them in the same condition as when they came to the hands of the wrongful possessor
III 146
By a fiction of law actions of trover were... permitted to be brought against any man, who had in his possession by any means whatsoever the personal goods of another & sold them or used them without the consent of the owner, or refused to deliver them when demanded
III 152
The fact of... trover... is totally immaterial, — for the pltf needs only to suggest... that he lost such goods, and that the deft found them
III 152
Contract... implied by law... are such as reason & justice dictate, & which therefore the law presumes every man has contracted to perform III 158
Every person is bound & hath virtually agreed to pay such particular sum of money, as are charged on him by the sentence, or assessed by the interpretation of the law.
For it is part of the original contract... to submit in all points to the municipal constitutions & local ordinances of that state, of which each individual is a member. Whatever therefore the laws order any one to pay, that instantly becomes a debt which he hath before hand contracted to discharge
III 158
Assumpsits... constantly arise from this general implication & attendment of the of the acts of judicature, that every man hath engaged to perform what his duty or justice requires
III 161
Fictions by which actions of assumpsit made to bear on the several cases to which they are applied
III 160 &c
Taking possession of... land the same instant that the prior occupier by his death relinquishes it, however agreeable to natural justice... is diametrically opposite to the law of society
II 168
Dispersion of incorporeal hereditaments cannot be an actual dispossession; for the subject itself is neither capable of actual bodily possession, nor dispossession
III 170
In corporeal hereditaments, a man may frequently suppose himself to be dispersed when he is not so in fact, for the sake of intitling himself to the more easy and commodious remedy of an assize of novel dispersion... instead of being drawn to the more tedious process of a writ of entry
III 170
III 190
The [ancient] forms an indeed preserved in the practice of common recoveries; but they are forms; & nothing else; for which the very clerks that pass them an capable to assign the man
III 197
Fiction by means of which of title of lands or tenements as tried by ejectment
III 203
Trespass .... offence against the law of nature
III 208
Every man's land is in the eye of the law enclosed & set apart from his neighbours
III 209
The law always couples the idea of force with that of intrusion upon the property of another
III 211
No nuisance to obstruct modern lights II 217
Depriving one of a matter of pleasure... as it abridges nothing really convenient or necessary, is no injury to the sufferer
III 217
Nemo est haeres viventis
III 224
The law... looks upon the cure of souls as too arduous & important a task to be eagerly sought for by any serious clergyman, & therefore will not permit him to contend openly at law for a change or trust which it is presumed he undertakes with diffidence
III 252
The prerogative of the Crown extends not to do any injury
III 255
The law... presumes that to know of an injury & redress it, an inseparable in the royal breast
III 255
To... the King... no laches is ever imputed, & by whom right is never defeated by any limitation or length of king
III 237
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