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But, as we have seen, a depositary is a true possessor under the common-law theory, although his intent is not self-regarding, and he holds solely for the benefit of the owner. There is a class of cases besides those of bailees and tenants, which will probably, although not necessarily, be decided one way or the other, as we adopt the test of an intent to exclude, or of the animus domini.
5. The medical profession could be brought to be much more useful to society for the discovery of insanity if we could have here something like what exists in some parts of Germany. "The practice obtains there of requiring the medical faculty of each judicial district to appoint a special committee, to which questions of this kind are referred. This committee is examined directly by the court, and gives testimony somewhat in the same way, and with the same effect, as would a common-law court when reporting its judgment in a feigned issue from chancery, or as would assessors called upon under the canon law to state, in proceedings under the law, what is the secular law of the land on the pending question" (Wharton and Stillé, sec.
If the act was voluntary, it is totally immaterial that the detriment which followed from it was neither intended nor due to the negligence of the actor. In order to do justice to this way of looking at the subject, we must remember that the abolition of the common-law forms of pleading has not changed the rules of substantive law.
In Upper Canada the common-law judges and those in chancery are divided as they are in England; but it is, as I was told, the opinion of Canadian lawyers that the work may be thrown together. Appeal is allowed in criminal cases; but as far as I could learn such power of appeal is held to be both troublesome and useless. In Lower Canada the old French laws are still administered.
The first Congress recognised its constitutional obligation to provide a uniform law for national citizenship by allowing an alien who had resided two years within its jurisdiction and one year within any State to take an oath before any court of common-law record to support the Constitution and thereby become a citizen.
The captain had broken through a custom, which is a part of the common-law of a ship, and without reason; for he knew that his mate was a sailor, and needed no help from him; and the mate was excusable for being angry. Yet he was wrong, and the captain right.
Let us come now to the jealousies, the real or imaginary wrongs of authorship: hereafter treat we this at lengthier; "for the time present" I quote the facetious Lord Coke, when writing on that highly exhilerating topic, the common-law "hereof let this little taste suffice."
Against the proceeding in the nature of a distress it is not perceived that the collector can interpose any resistance whatever, and against the process of replevin authorized by the law of the State he, having no common-law power, can only oppose such inspectors as he is by statute authorized and may find it practicable to employ, and these, from the information already adverted to, are shown to be wholly inadequate,
This law is a most beautiful system of equity, and is disrobed of many of the difficulties which surround the common law, and which oblige in every common-law country a separate and distinct system of equity. The criminal code was that of the common law.
In 1383, according to Spence, the barons protested that they would never suffer the kingdom to be governed by the Roman law, and the judges prohibited it from being any longer cited in the common-law tribunals. The rest of the statutes of Richard II are taken up with the important statutes concerning riots and forcible entries, and regulating labor, as set forth in the last chapter.
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