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4th Session administration admitted adultery afterwards allegation altered answer appears applied appointed attended Bilton Bird By-Day called Captain Harris cause ceased chapel character charge church circumstances codicil Colvin conduct considerable considered costs Court dated death deceased deceased's decree deponent deposed destroyed direct disposition Ecclesiastical Court effect entitled evidence examined execution executors expressed fact former FRASER Free further give given granted ground hand Harding Harris HILARY TERM husband intention John Judge July lady leave letters Lord March marriage Marsh matter meeting MICHAELMAS TERM mind months necessary never object opinion original parish party person pleaded possession present proceedings proof proved question reason received remained respect says Scales Session suit taken Thomas tion tithe took TRINITY TERM Tyrrell vestry whole wife wished witnesses
Page 453 - My pulse, as yours, doth temperately keep time, And makes as healthful music. It is not madness That I have utter'd : bring me to the test, And I the matter will re-word, which madness Would gambol from.
Page 436 - ... place my claim to your verdict upon no such dangerous foundation. I must convince you not only that the unhappy prisoner was a lunatic, within my own definition of lunacy, but that the act in question was the immediate, unqualified offspring of the disease. In civil cases, as I have already said, the law avoids every act of the lunatic during the...
Page 122 - It is a great, but not an uncommon error, to suppose that because a person can understand a question put to him, and can give a rational answer to such question, he is of perfect sound mind, and is capable of making a will for any purpose whatever, whereas the rule of law (and it is the rule of common sense) is far otherwise. The competency of the mind must be judged of by the nature of the act to be done, and from a consideration of all the circumstances of the case.
Page 344 - Few declarations deserve less credit than those of men as to what they have done by their Wills. The wish to silence importunity, to elude questions from persons, who take upon them to judge of their own claims, must be taken into consideration ; with a fair regard to the primd facie import, and the possible intention, connected with all the other circumstances.
Page 56 - After the Divine Service ended, the money given at the Offertory shall be disposed of to such pious and charitable uses, as the Minister and Church-wardens shall think fit. Wherein if they disagree, it shall be disposed of as the Ordinary shall appoint.
Page 664 - That upon answers being prayed, the proctor praying the answers shall forthwith take out a decree, and shall cause the same to be duly served, without delay, on the adverse party in the cause, so as to put such party in contempt, in case the decree shall not be obeyed within a reasonable time. Provided that the examination of witnesses shall not be delayed, nor the publication be postponed, in order to wait for the answers ; but publication shall pass as aforesaid, unless, upon application being...
Page 122 - It was agreed by the judges, that ' sane memory, for the making of a will, is not at all times when the party can answer to any thing with sense, but he ought to have judgment to discern and to be of perfect memory, otherwise the will is void.
Page 415 - ... adulterer, would be sufficient, in order to bar a suit for divorce by reason of adultery, is nowhere laid down, at least with that distinctness and precision which would furnish a safe guide for the court to act upon. The court certainly does not recollect any case of the kind ; but it can conceive that a case might arise of such wilful neglect, or rather exposure, as might, without proving actual connivance, possibly bar the husband of all remedy by a divorce. A husband might introduce his wife...
Page 415 - Volenti nonfit injuria. This principle is very clearly established; but what degree of neglect, however culpable, short of an actual and voluntary exposure of the wife to the seduction of an adulterer, would be sufficient, in order to bar a suit for divorce by reason of adultery, is nowhere laid down, at least with that distinctness and precision which would furnish a safe guide for the Court to act upon. The Court certainly does not recollect any case of the kind; but It can conceive...
Page xiv - That where proceedings are carried on " inpoenam contumacies" witnesses may be produced and sworn before a Surrogate in his chambers, as well as in open Court, and such production shall be immediately entered and recorded in the Register Book; but the witness so produced shall not be repeated to his deposition, until forty-eight hours, at least, shall have expired from the time of his production.