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Updated: May 27, 2025
No case before the court whatever; no primary deposition, so far as we are furnished; not even a King's writ issued and here we have a fine young man dragged from his home and adoring mother, during the height of agriculture, at his own cost and charges! I have heard of many grievances; but this the very worst of all. Nothing short of a Royal Commission could be warranty for it.
There was more of it. Then the serious afflatus of the article condescended, as it were, to blow a shrill and well-known whistle: the study of the science of navigation made by Commander Beauchamp, R.N., was cited for a jocose warranty of a seaman's aptness to assist in steering the Vessel of the State.
"In latitude 28 degrees; in a flat calm; off a Dutch East Indiaman. The name I have at home on a bit of paper: you shall have it as warranty with the cask. The captain was drunk, and I traded with the mate. I never miss a chance. The mate said nothing of the woman inside. I believe her to be his captain's wife, preserved for burial ashore.
A contract may warrant the existence of other facts as well, and examples of this kind probably might be found or imagined where it would be clear that the only effect of the warranty was to attach a condition to the contract, in favor of the other side, and where the question would be avoided whether there was not something more than a condition, a repugnancy which prevented the formation of any contract at all.
Later, the assign did not have to wait for the failure of his immediate grantor's blood, but could take advantage of the first grantor's warranty from the beginning. /1/
But the principle of such transfers is clearly anomalous, and does not affect the general doctrine of the law. The general doctrine is that which has been seen exemplified in prescription, warranty, and such covenants as followed the analogy mentioned Another illustration which has not yet been is to be found in the law of uses.
"A truly comprehensive compendium of geographical and historical information, judiciously blended, has been heretofore a great desideratum. Mr. Pinnock's name has for many years been a standard warranty to school books; and this, his last labor, fully sustains his established reputation.
"And have we warranty for such a proceeding, should this man prove true?" he asked, in a voice that sufficiently denoted his own doubts of the propriety of such a measure. "There is the law, the necessities of a suffering nature, and God's glory, for our justification," drily returned the divine. "This outsteppeth the discreet exercise of a delegated authority.
Now, what can the most exact and severe criticism wish more, in order to give warranty to the marvels in the Life of St. Francis, than contemporaries, ocular witnesses, holy persons, his own companions, who lived with him and enjoyed his confidence? The legend of Saint Bonaventure was spread everywhere, as soon as it appeared, and was everywhere highly approved: there are many manuscripts of it.
Know, I am warranty for the event; With my head have I pledged myself for his, Must make my word good, cost it what it will, And if alive we cannot hold him prisoner, Why death makes all things certain! GORDON. Sutler! What? Do I understand you? Gracious God! You could BUTLER. He must not live. GORDON. And you can do the deed? BUTLER. Either you or I. This morning was his last.
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