A Lecture on Heads

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Longman, Hurst, Rees, Orme, and Brown; Baldwin, Cradock and Joy; R. Scholey; Newman and Company; Sherwood, Neely, and Jones; G. and W.B. Whittaker; and C. Taylor, 1821 - 110 Seiten
 

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Seite 87 - This cause being afterwards left to a reference, upon the award both bull and boat were acquitted, k being proved that the tide of the river carried them both away ; upon which I gave it as my opinion, that, as the tide of the river carried both bull and boat away, both bull and boat had a good action against the water-bailiff.
Seite 63 - ... verdict is always brought in manslaughter. The essence of the law is altercation, for the law can altercate, fulminate, deprecate, irritate, and go on at any rate. Now, the quintessence of the law has, according to its name, five parts : — The first, is the beginning, or incipiendum : the second, the uncertainty or dubitendum ; the third, delay or puzzliendum ; fourthly, replication without endum; and fifthly, monstrum and horrendum.
Seite 87 - Or, as the law says, how can we think on what is not thinkable ? Therefore, my lord, as we are counsel in this cause for the bull; if the jury should bring the bull in guilty, the jury would be guilty of a bull.
Seite 88 - Bullum and Boatum mentioned both ebb and flood, to avoid quibbling; but it being proved that they were carried away neither by the tide of flood, nor by the tide of ebb, but exactly upon the top of high water, they were nonsuited ; but such was the lenity of the court, upon their paying all costs, they were allowed to begin again de novo.
Seite 88 - ... that is, not turbots alone, but turbots and soles both together. But now comes the nicety of the law; the law is as nice as a new-laid egg, and not to be understood by addle-headed people. Bullum and Boatum mentioned both ebb and flood, to avoid quibbling; but it being proved that they were carried away neither by the tide of flood, nor by the tide of ebb, but exactly upon the top of high water, they were nonsuited ; but...
Seite 85 - ... eaten from its moorings, floated down the river with the bull in it ; it struck against a rock, beat a hole in the bottom of the boat, and tossed the bull overboard ; whereupon the owner of the bull brought his action against the boat for running away with the bull.
Seite 86 - ... the owner of the bull brought his action against the boat for running away with the bull; the owner of the boat brought his action against the bull for running away with the boat; and thus notice of trial was given, Bullum versus Boatum, Boatum versus Bullurn. "Now, the counsel for the bull began with saying: ' My lord, and you gentlemen of the jury, we are counsel in this cause for the bull.
Seite 84 - Law is like a book of surgery, there are a great many desperate cases in it. It is also like physic, they that take least of it are best off. Law is like a homely gentlewoman, very well to follow. Law is also like a scolding wife, very bad when it follows us. Law is like a new fashion, people are bewitched to get into it: it is also like bad weather, most people are glad when they get out of it.
Seite 84 - Law is law, law is law, and as in such and so forth, and hereby, and aforesaid, provided always, nevertheless, notwithstanding. Law is like a country dance, people are led up and down in it till they are tired. Law is like a book of surgery, there are a great many terrible cases in it. It is also like physic, they that take least of it are best off. Law is like a homely gentlewoman, very well to follow.
Seite 67 - But, my lud, this is not to be looked at through the medium of right and wrong ; for the law knows no medium ; and right and wrong are but its shadows. Now, in the first place, they have called a kitchen my client's premises. Now a kitchen is nobody's premises ; a kitchen is not a ware-house nor a wash-house, a brew-house nor a bake-house, an inn-house nor an out-house, nor a dwelling-house; no, my...

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