On the Reform of the Testamentary Jurisdiction, Μέρος 637Butterworths, 1853 - 58 σελίδες |
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Δημοφιλή αποσπάσματα
Σελίδα 34 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations, but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Σελίδα 35 - It is to be recollected that this is a Court of the Law of Nations, though sitting here under the authority of the King of Great Britain. It belongs to other nations as well as to our own ; and what foreigners have a right to demand from it is the administration of the...
Σελίδα 35 - It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm; to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character.
Σελίδα 32 - The Ecclesiastical Court has an undoubted jurisdiction upon the general law of marriage, so far as the legality of that contract is constituted by the law of this country. It also examines questions of foreign marriages, in cases of British subjects, and sometimes of aliens ; and it does this from necessity, in order to prevent a failure of justice...
Σελίδα 31 - Marriage, in its origin, is a contract of natural law; it may exist between two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind: it is the parent, not the child, of civil society, "principium urbis et quasi seminarium rei publicae.
Σελίδα 31 - MARRIAGE, in its origin, is a contract of natural law; it may exist between two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind. It is the parent, not the child, of civil society, ' Principium urbis et quasi seminarium Reipublicae.' In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences.
Σελίδα 35 - In the excitement caused by the hostilities then raging between our countries, I frequently impugned your judgments and considered them as severe and partial ; but on a calm review of your decisions after a lapse of years, I am bound to confess my entire conviction both in their accuracy and equity.
Σελίδα 31 - But it will be observed, that marri'age is a contract sui generis, and differing, in some- respects, from all other contracts, so that the rules of law which are applicable in expounding and enforcing other contracts, may not apply to this. The contract of marriage is the most important of all human transactions. It is the very basis of the whole fabric of civilized society. The status of marriage is juris gentium, and the foundation of it, like that of all other contracts, rests on the...
Σελίδα 35 - States, he received the following remarkable answer: — " In the excitement caused by the hostilities raging between our countries, I frequently impugned your judgments, and considered them as severe and partial; but, on a calm review of your decisions, after a lapse of years, I am bound to confess my entire conviction both of their accuracy and equity. I have taken care that they shall form the basis of the maritime law of the United States, and I have no hesitation in saying, that they ought to...
Σελίδα 17 - There is another process in testamentary matters extremely useful and frequently resorted to, which it may be proper here to state. The executor, or other person claiming to take the grant of probate of a will or other testamentary instrument, may cite the next of kin and other parties interested, under an intestacy or a former will, to appear and see the will propounded and proved by witnesses ; and if the parties cited do not appear and oppose the probate, they are barred from afterwards contesting...