Commentaries on the Roman-Dutch Law

Couverture
A. Strahan, 1820 - 729 pages
 

Table des matières

King Philip declared to have forfeited his County
9
The Council of the States General instituted
10
Alterations in the Government made in the Year 1650
17
Customs are either general or special
23
Whether and when Hearsay makes full Proof
24
CHAP V
27
Whether and in what Case the depositing of the Amount Page
29
Answer in Cases regarding Possession 603
31
Of the Effect of legitimating natural Children
32
Answer in case of being dispossessed of an Inheritance
33
In Cases of Spolium or Destruction
34
35 Whether whatever has been bequeathed as a Dowry also
35
In Cases of Injury
36
Jurisdiction how to be exercised
38
10 Of Esquires
42
Of wellborn
48
By allowing them to live away from them and earn their
60
CHAP XIV
69
No Appeal against the Decisions of them
76
131
82
Never admitted as a Practice among us except in case
83
Of the giving up of the Property by Guardians on Minors
99
Or Incorporeal
102
CHAP IV
115
Page
118
Of Prescription as it now is both in Civil and in Criminal
129
Fees of Advocates Proctors c how far affected by Pre
135
13 How it devolves again on the Proprietor and when
137
CHAP X
143
CHAP XII
152
Of redeemable Rents and in what manner the Redemption of them is effected Page 1 Nature of perpetual and irredeemable Rents
157
lated by Contract
158
How to be made when the Rent is fixed in a certain Specie and Value in Money
159
How when no certain Species is mentioned or if certain Species be mentioned but not the Value
160
M
161
A Wilhelmus Gilder of Dordrecht ib 11 A Reinaldus or Arnoldus and the Gilder of Beyer
162
The Dordrecht Garden and Flemish Plakke
163
CHAP XIV
164
Nature of bad and right Fiefs in Holland
166
CHAP XVI
177
Through Want of a lawful Successor to the Feudal Property
185
CHAP XVIII
186
CHAP XXI
198
BOOK III
205
A blind Persons Will how to be made
205
CHAP III
220
Bastards
225
Legitimate Portion defined and how much it is to
236
CHAP VI
242
The if which consists in Execution must be in the Power
247
CHAP IX
263
Legal Impediments to Marriage
264
and if 5 or 15000 be found how the Bequest is to
266
CHAP X
274
CHAP XI
280
CHAP XII
286
Previous Promises
287
CHAP XIII
292
When and in what manner among collateral Relations
295
CHAP XV
302
The Nature of Supplement how far it is to be calculated
304
BOOK IV
313
CHAP II
315
How far a Father is bound for the Loan of Money to
321
Security or Surety definedand who may be Sureties
326
CHAP V
336
CHAP VII
339
CHAP IX
346
CHAP XII
353
A Ward or Pupil upon the Property of his Guardian
360
What Right public Instruments and notarial Bonds have
366
Of Exchanging Rewarding Acting in Consideration of a Reward
369
CHAP XVI
377
Requisition to a valid Purchase and Sale
380
CHAP XIX
389
What Conditions under a Purchase may exist and what
397
Whether and when Hire expires before the Time
404
Partnership defined and its different Kinds
409
CHAP XXIV
417
CHAP XXV
428
П Through Deception upon a fraudulent Statement
435
Of Bills of Exchange and Assignation
439
CHAP XXXIII
455
Of Concussion or Extortion
458
Those who drown themselves cannot be punished but ought to be inspected
469
Indemnity to Persons who have suffered Murder when and how to be given
470
CHAP XXXV
471
How punishable ib 3 Edicts and Penalties respecting Fighting ib 4 Fighting Duels antiently permitted
473
CHAP XXXVI
478
Of Housebreaking
479
CHAP XXXVII
480
Of Injury or Crime against Honour and good Name by Deed
482
153
483
Affinity
485
Of Sodomy
486
Public Fornication how to be punished ib 12 Of Concubines
487
CHAP XXXVIII
488
CHAP XXXIX
493
CHAP XLII
505
182
507
Jurisdiction that has been given to any one cannot
519
Husband and Wife whether and when responsible for each
522
CHAP IV
528
CHAP V
534
Of the Jurisdiction of the Judge as it respects the Place
537
22 Nor yearly Allowance to Professors Advocates or Clergy
542
Who for the Debts of another
544
CHAP VIII
550
Of Reconvention
552
Of Arbitrators or good Men
554
CHAP XI
566
Summoning defined
573
Proof of a Demand how to be produced and of what
580
CHAP XVI
584
Page
585
Of the Oath de calumnia
590
141
592
CHAP XIX
594
How against the Heir ib 5 How upon an Hypothecation or in case of Arrest
596
In Maintenance
597
By Penalty in cases of Innovation ib 11 In Inheritances from Division of Estates ib 12 In cases of Possession before the High Court
598
In cases of Warranty
599
What Right belongs to the Fiscal and Bailiff in those Cases ib 20 To institute an action ex lege diffamari affirmatorie et nega torie
600
In lis pendens or lis finita
601
37 In Cases of Preference
604
Of Answer in Cases where a Tender is made ib 41 Replication and Rejoinder how to be made
605
The making and producing of Acts
606
CHAP XX
609
A signed Handwriting of what Credit
612
Dishonest Persons c may not give Evidence ib 16 Nor any inveterate Enemy Relations or Domestics ib 17 Advocates c in what Cases inadmissible an...
613
No mad or foolish Persons or Minors ib 19 Of Reproaches and Salvos in Law ib 21 Whether and when Evidence of the Truth may be refused ib 23 ...
614
CHAP XXI
616
Effect of a Refusal of it
621
In what Case an Oath is administered ib 16 Whether in criminal Cases ib 17 Whether and how with respect to Fines
622
CHAP XXIII
623
No Crimes in what Cases
624
CHAP XXIV
625
Of interlocutory and definitive Sentences
626
Orders what how to be granted and their different Sorts
627
Interlocutory Decrees
628
Provisional Decrees what and how to be granted and composed
629
Whether a Party can proceed in the principal Point before Satisfaction is made upon the Provision
630
How to proceed in Cases of default
632
A Decision how and when considered as confirmed
633
Within what Time to be carried into Execution
634
Inhibition and Suspension of Execution whether and
638
Whether and when against Decrees in Matter of Correc
644
Who may and who may not judge in Criminal Cases
660
CHAP XXIX
676
Page
686
Of Letters of Safe Conduct
695
Concerning the Judges Jurisdiction of the Court and Mode
702
422
706
What Kinds of Charges are to be borne by the Usu
708
How they are to be proved
710
Of the Consequences of making a Demand
711
By what Exceptions one may or may not persist
713
To Communities Cities Hospitals and Meetings
719
Second and further Marriages within what Time and under
720
A Purchase when accomplished
723
Whether and when Sufferance implies Right of Servitude
725
Usufruct how acquired
727
Or Persons maintained in Hospitals
728
INTRODUCTION
737
ibid
751
Ceremonies of adoption
752
SECTION V
760
TITLE I
778

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Page 70 - Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
Page 487 - And David's anger was greatly kindled against the man, and he said to Nathan, As the LORD liveth, the man that hath done this thing, shall surely die. And he shall restore the Lamb four-fold, because he did this thing, and because he had no pity.
Page 462 - And the soul that turneth after such as have familiar spirits, and after wizards, to go a whoring after them, I will even set my face against that soul, and will cut him off from among his people.
Page 463 - Surely there is no enchantment against Jacob, neither is there any divination against Israel: according to this time it shall be said of Jacob and of Israel, What hath God wrought...
Page 759 - Ac., to a stranger without having given previous notice thereof to his heirs or partners, and to such of his neighbours whose grounds are adjacent to his land, and who might have the same in mortgage, should they have been mortgaged, such heirs, partners, and neighbours were at liberty to claim or demand the preference of becoming the proprietors of such lands.* The previous notice which was to be given to persons of the above description was to be observed in the following manner...
Page 760 - ... persons having taken any steps upon the information given to them, the sale was considered valid ; yet this mode of selling lands underwent an alteration afterwards, in consequence of the good orders given on that subject during the time of the old commandeur BLOOM (of blessed memory ) : as, since those orders, no sale of lands whatever, has taken place until the intentions of such as wish to sell the same have been published on three successive Sundays at the church -\ to which they belong ;...
Page 759 - ... heirs, partners, and neighbours were at liberty to claim or demand the preference of becoming the proprietors of such lands.* The previous notice which was to be given to persons of the above description was to be observed in the following manner, viz., to such 'as resided at the village, one month ; to persons residing in the same province but out of the village, three months ; to those residing in another province, six months ; and to those who reside abroad, one year. The above periods having...
Page 462 - Regard not them that have familiar spirits, neither seek after wizards, to be defiled by them : I am the LORD your God.
Page 741 - ... grandchildren, their property devolves in the like manner as is said with respect to the daughters' property, which devolves to the women as long as there are any. • The property of the sons, therefore, devolves to the men, and in failure of them to the women ; and although the parents do not leave anything, the sons are nevertheless bound to pay the debts contracted by their parents, and although the sons have not at the time the means of paying such debts| they nevertheless remain at all...
Page 737 - Joan Simons, and Councils at Colombo, and collected together by me, the undersigned, after an experience of thirtyfive years, having been for the most part of that time amongst the Natives. SECTION I. OF INHERITANCES AND SUCCESSION TO PROPERTY. 1. Different kinds of property. 2. Of dowry. 3-6. Of the marriage of daughters, and the dowry given with them. 7. Of the marriage of sons, and their portions. 8. Of resignation of property. 9. Of succession to property where children and their mother are left....

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