Excerpt from Institutes of American Law, Vol. 2 of 2 In making a brief of title, the practitioner should be careful to place every deed and other paper in chronological order. The date of each deed, the names of the parties, the description of the property, and all covenants affecting the estate, should be particularly inserted. 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. 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. 4 S. 1. Of accidents, 154. 1. When courts of equity will relieve from accidents, 155. A. 1. Of relief from accidental loss of proof of title, 155. A. 2. Of relief from accidents not affecting the proof of plaintiff's tit e, 157 2. When courfs of equity Will not relieve from accidents, 158. S. 2. 0f mistakes, 160. 1. Of mistakes in matters of law, 160. 2. 0f mistakes in matters of fact, 162. S. 3. Of frauds, 166. 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, Vol. 2: May 1911-March 1912 The common law rule that the trial judge, in charging the jury, may comment on the evidence, may express an opinion as to the weight of the evidence, or any part of it, provided he does not give binding instructions and leaves the jury free to determine the questions of fact, has always prevailed in Pennsylvania. This is the present practice in England. Profs. Lawson and Keedy, in their report on Criminal Procedure in England, in the January number of this journal, say: After coun sel have addressed the jury the judge reviews the evidence in detail, and directs the jury as to the law governing the facts. In this summing up the judge generally expresses his opinion regarding the weight and importance of the evidence. This has always been regarded as a very important function of an English judge. This important judicial function has been preserved in the federal courts and in some of the state courts, although it has, unfortunately, been much limited or abol ished in many of the states. It is certainly a valuable function and of great aid to the jury, especially in cases with complicated facts and much testimony. Our loose systems of pleading multiply subsidiary questions of fact in most cases and render necessary a large amount of evidence. The summary of the testimony by the trial judge and the directing of their attention to the salient points and as to where the weight of evidence lies are important elements of the trial by jury. In states where constitutional or statutory limitations have been placed on this power of the judges it is believed that experience has universally shown that such changes were unwise and detrimental. They are being severely criticized, especially of late, in all states where they exist. 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 Courts and Lawyers of Illinois, Vol. 2 American Institute of Criminal Law and Criminology; member of th'e American Prison Association; of the American Society of Military Law, which he served as president in 1913; of the Illinois State Bar Association, serving as president in 1915 of the Illinois State Society of Criminal Law and Criminology, with service on its executive committee in 1911-15; Chicago Bar Association, in which he was chairman of the committee on Amendment of the Law in 1908 - 10, and chairman on committee of Legal Education, 1912-13. 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.