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" The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. "
Commentaries on American Law - Page 469
by James Kent - 1832
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Report of the Copy-right Case of Wheaton V. Peters: Decided in the Supreme ...

Henry Wheaton - 1834 - 186 pages
...existence of a common law right in the author. The common law, says an eminent jurist, (2 Kenfs Com. 471.) includes those principles, usages, and rules of action,...positive declaration of the will of the. legislature. A great proportion of the rules and maxims, which constitute the immense code of the common law, grew...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 pages
...us to be at once the most terse, comprehensive, and satisfactory of any which we have seen : — " The Common Law includes, those principles, usages,...authority upon any express and positive declaration of the ivill of the legislature." This at once points to the grand distinction between Common Law and Statute...
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The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the ...

John Jane Smith Wharton - 1848 - 726 pages
...The common law includes those principles, usajes, and rules of action, applicable to the fofernment and security of person and property, which do not rest for their authority upon any express or positive declaratiou of llie will of the legislature. This at once marks the leading distinction...
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Commentaries on American Law, Volume 1

James Kent - 1851 - 706 pages
...the statutes in his 2d Institutes, as far as it extends, U essentially incorporated. the common law. LECTURE XXI. OF REPORTS OF JUDICIAL DECISIONS. HAVING...According to the observation of an eminent English judge,a statute law is the will of the legislature in writing, and the common law is nothing but statutes...
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Commentaries on the Law of Marriage and Divorce, and Evidence in Matrimonial ...

Joel Prentiss Bishop - 1852 - 782 pages
...United States than in England. And Chancellor Kent well defines the common law, as including all " those principles, usages, and rules of action, applicable...positive declaration of the will of the legislature." 4 But aside from these general considerations, it has been expressly ruled in England that the matrimonial...
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Commentaries on American Law, Volume 1

James Kent - 1854 - 714 pages
...Institutes, as far as it extends, is essentially incorporated. LECTURE XXI. OF REPORT8 OF JUDICIAL DECI8ION8. HAVING considered the nature and force of written...According to the observation of an eminent English judge,* a statute law is the will of the legislature in writing, and the common law is nothing but statutes...
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Commentaries on the Criminal Law, Volume 1

Joel Prentiss Bishop - 1858 - 1012 pages
...by the context. Perhaps the sense most appropriate is the one stated by Chancellor Kent; thus, — "The common law includes those principles, usages,...positive declaration of the will of the legislature." a The expression so interpreted denotes something more in the "United States than in England ; for...
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Commentaries on American Law, Volume 1

James Kent - 1860 - 748 pages
...exposition of the statutcs, in his 2d Institutes, as far as it extends, is essentially incorporated. -. LECTURE XXI. OF REPORTS OF JUDICIAL DECISIONS. •HAVING...According to the observation of an eminent English judge, (a) a statute law is the will of the legislature in writing, and the common law is nothing but statutes...
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Beeton's Dictionary of universal information; comprising a complete summary ...

Samuel Orchart Beeton - 1861 - 900 pages
...express written will of the legislature, rendered authentic by certain pr>4cribed forms and solemnities. The common law includes those principles, usages, and rules of action applicable to tho government and security of person and property, which do not rest fur their authority npon any...
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The Judge Advocate's Vade Mecum: Embracing a General View of Military Law ...

Charles Henry Lee - 1863 - 264 pages
...the " unwritten or common law of the army." " The common law of the land," says Chancellor Kent, " includes those principles, usages, and rules of action applicable to the government, * * * which do not rest for their authority upon any express or positive declaration of the will of...
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