Excerpt from Institutes of American Law, Vol. 1 of 2 Most lawyers have felt the want of a preliminary work to serve the young American student as a guide in the labyrinth of jurisprudence; as an instructor to give him a general view of the several parts of this judicial science; to mark the objects of each, and to point out the natural dependence which unites them; a work tending to establish a method which should be adopted in the study of the law; to point out the numerous links of the chain which unites the ancient with the modern law, which binds the past with the present, and which by its nature must for ever remain indestructible. A work which would thus elevate the science of the law in the sight of youth, and impress a character of unity upon it, would exercise a happy influence on the minds of the students, develop their moral and intellectual faculties, and be a blessing to them. But it is far less difficult to describe what the legal edifice should be, and to state what is required for its construction, than to select the materials of which it should be composed, and to make such a disposition of them in the building as would render the structure at once solid, elegant, and every way fitted for the purpose for which it is intended. On entering on his profession, the American student is discouraged by being obliged to study laws which are not his own, and which do not belong to the present age, except as matter of history. It requires an effort to read even the elegant Blackstone, and, when studied, it must be forgotten, because the laws on which that author has so beautifully commented are not the laws which the young aspirant seeks to know - they are not those of his country. It is true, noble efforts have been made by American writers to explain our laws, and to them the profession must be greatly indebted; but the commentaries which have been so liberally bestowed are better adapted to the use of those who are already good lawyers, than to teach one who has every thing to learn. The author cannot hope to have made a perfect work, and supplied, in this respect, all the deficiencies and the wants of the profession; his aim has been an approximation to what a work should be which might, in some degree, deserve the title of Institutes of American Law. He has endeavored to reduce the whole to a strict method, and, by a correct classification, to impress upon the mind of the student the objects of his inquiry; for, what is well classified is half known. It seemed to him that jurisprudence, as much as any other science, required this method; and while all kinds of human knowledge are now taught in this manner the law should not be an exception. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Institutes of American Law, Vol. 2 A. 2. Of the different kinds of easements, 172. 1. Of natural easements arising from the Situation of places, 173. 1 Of rain water, 173. 2 Of springs, 173. 3 Of water courses, 174. 1st. Of the rights and obligations of the superior estate, 175. 2d. Of the rights and obligations of the inferior estate, 176. 3d. Of the rights and obligations of the riparian proprie tors, 176. 2. Of easements arising by operation of law, 177. 1 Party walls, 177. Lst. How a party wall is established, 177. 2d. Of the rights which arise from party walls, 178. 3d. Of the obligations which result from paity walls, 179. 2 Of ancient lights, 180. 1st. How the right of ancient lights is gained, and its ex tent, 180. 2d. What amounts to an interruption of an ancient light.182. 3d. Of the remedy for interrupting an ancient light, 182. 3 Of drain, drip, and support, 182. Lst. Of drain, 183. 2d. Of drip, 183 3d. 01 support, 184. 3. Of ways, 184. 1 Of public ways, 184. Lst. How established, 184. 2d. How used, 186. 3d. Kinds of public ways, 187. 2 Of private ways, 187. Lst. How established, 2d. How used, 188. 3 Of way of necessity, 189. Lst. When it may be had, 190. 2d. Extent of such easement, 190. A. 3. Of easements, how extinguished, 191. 1. By act of the party entitled, 191. 2. By operation of law, 192. 2. Of profits 5 prendre, or right of common, 194. A. 1. Common of pasture, 195. 1. Common of pasture appendant, 196. 1 Of the assignment of common of pasture appendant, 196. 2 Of the apportionment of common of pasture appendant, 196. 3 Of the suspension of common of pasture appendant, 196. 2. Of common of pasture appurtenant, 197. 3. Of common per cause of vicinage, 197. 4 Of common in gross, 198. A. 2. Of common of piscary, 198. A. 3. Of common of turbary, 198. A. 4. Of common of estovers, 198 1. Of different kinds of common of estovers, 199. 2. How the right of estovers is acquired, 199. 3. What things may be taken as estovers, 199. 4 Of the time of taking estovers, 199. 5. Of the uses of the right of estovers, 200. 3. Of rent, 200. A. 1. Of the different kinds of rent, 200. A. 2. How rents are created or reserved, 202. 1. By what words, 202. 2. To whom the reservation of rent may be made, 203. 3. Upon what form of contract rent may be reserved, 203 4. Out of what things rent may be reserved, 203. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Institutes of American Law, Vol. 4 2. Or the plaintiff's right to the thing injured. 40 1° Of the rights of the general owner, 40. 2° Of the rights of the qualified owner, 41. 3° Of the rights of a mere bailee, 42. 4° Of the rights of a possessor without the consent of the owner, 42. 3. Of the nature of the injury for which trespass Will lie, 42 A. 6. Of injuries to the relative rights, 44. 1. Of the nature of the plaintiff 's rights, 44. 2. Of the nature of the injury, 45. 3. Of the damages, 46. 2. Of the pleadings in trespass, 47. A. 1. Of the declaration, 47. A. 2. Of pleas in abatement, 50. A. 3. Of the general issue, 51. A. 4. Of special pleas in bar, 51. A. 5 Of the replication, 53. 3. Of the evidence, 54. A. 1. Of evidence in support of the action, 54. 1. Of the plaintiff's right, 54. 2. Of the injury committed by the defendant, 55. 3. Of the damages, 56. A. 2. Of the evidence for the defence, 56. 4 Of the verdict and judgment in trespass, 58. C. 3. Of mixed actions, 58. S. 1. Of the action of ejectment, 59. 1. Form of the proceedings in ejectment, 59. 2. Nature of the property to be recovered, 61. 3. Of the right of the plaintiff to the property sued for, 61. 4. Of the nature of the ouster or injury, 63. 5. Of the pleadings in ejectment, 63. A. 1. Of the declaration, 63. A. 2. Of the plea in ejectment, 66. 6. Of the evidence, 66. A. 1. For the plaintiff, 66. 1. To establish title when the parties are privy to each other, 67. 2. Of evidence when there is no privity, 69. 1° Of evidence of title in the heir at law, 69. 2° Of evidence of title in a devisee, 70. 3° Of evidence of title in a personal representative or guardian, 71. 3. Of evidence of possession by defendant, 71. A. 2. Of evidence for the defendant in ejectment, 72. 7. Of verdict and judgment in ejectment, 74. T 8. Of the action for mesne profits, 76. A. 1. What may be recovered as mesne profits, 77. A. 2. Of the pleadings in an action for mesne profits, 78. 1. Of the declaration, 78. 2. Of the pleas, 78. A. 3. Of the evidence in an action for mesne profits, 78. A. 4. Of the verdict and judgment, 80. S. 2. Of the action of waste, 80. 1. Of the parties to an action of waste, 81. A. 1. Who may bring an action of waste, 8] A. 2. Against whom waste may be brought, 82. 2. Of pleadings in waste, 82. 3. Of the judgment in waste, 83. C. 4. Of scirefacias, 84. S. 1. Of the form of the writ, 85. S. 2. Out of what court the' writ must issue, 86. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from Journal of the American Institute of Criminal Law and Criminology, 1919, Vol. 9 Our author is driven to admit that in spite of all the delays, vexa tions and inanities of the procedure in our courts-martial, he knows of no case, in nineteen months of experience as a Judge Advocate, where injustice has been done. And this with a relaxation of rules of evidence, which is inevitable in courts-martial. What becomes then, of our vaunted anglo-american civil criminal procedure, to which we have bowed in adoration these continuing centuries? What becomes of the shafts, the quips and quirks at the expense of the continental civil criminal procedure? Our rules of evidence, and our procedure before, during and after trial, are the result, none too happy, of our distrust of the jury and of the layman. What a commentary is this distrust upon the eulogiums of the jury. The truth of the matter is that the defendant had to be protected against the bias, the lack of experience, and the stupidity of juries, and judges in their wisdom have rushed to the assistance of prisoners - as well as of prosecutors; of defendants in a civil action in civil law, as well as of complainants in such an action. But jurors in courts-martial, to quote from Major Carter, are experienced in handling the kind of men they try. That seems to be more important than legal rules. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.