Essays on Law Reform, Commercial Policy, Banks, Penitentiaries, Etc. in Great Britain and the United States of America

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Williams and Norgate, 1859 - Banks and banking - 323 pages
 

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Page 18 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 27 - ... disgraced the English as well as other courts of justice), owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament, " overladen (as Sir Edward Coke expresses it) (/) with provisoes and additions, and many times on a sudden penned or corrected by men of none or very little judgment in law.
Page 34 - Es erben sich Gesetz' und Rechte, Wie eine ew'ge Krankheit, fort, Sie schleppen von Geschlecht sich zum Geschlechte, Und rücken sacht von Ort zu Ort. Vernunft wird Unsinn, Wohlthat Plage ; Weh dir, daß du ein Enkel bist! Vom Rechte, das mit uns geboren ist, Von dem ist leider! nie die Frage.
Page 30 - ... the Roman law, and the most refined and equitable distinctions are established and vindicated. Trusts are settled and pursued through all their numerous modifications and complicated details, in the most rational and equitable manner. So, the rights and duties flowing from personal contracts, express and implied, and under the infinite variety of shapes which they assume in the business and commerce of life, are defined and illustrated with a clearness and brevity without example.
Page 180 - ... that it was the intention of the framers of the constitution, that gold and silver alone should constitute the legal currency.
Page 27 - For, to say the truth, almost all the perplexed questions, almost all the niceties, intricacies, and delays (which have sometimes disgraced the English, as well as other courts of justice) owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament, 'overladen (as Sir Edward Coke expresses it) with provisoes and additions, and many times on a sudden penned or corrected by men of none or very little judgment in law'.
Page 160 - He has never been properly appreciated; but year by year the character of that statesman upon this subject will be appreciated. By the Act of 1819, Sir Robert Peel placed the monetary system of this country upon an honest foundation, and he was exposed to great obloquy for having so done. By the Act of 18-14 he has obtained ample and efficient security that that honest foundation of our monetary system shall be effectually and permanently maintained...
Page 180 - State shall coin money, emit bills of credit, or make any thing but gold and silver coin a tender in payment of debts.
Page 165 - England in circulation for some years previously to 1844 rarely amounted to twenty or sunk so low as sixteen millions. And such being the case, Sir Robert Peel was justified in assuming that the circulation of the Bank could not, in any ordinary condition of society, or under any mere commercial vicissitudes, be reduced below fourteen millions. And the Act of 1844 allows the Bank to issue this amount upon securities, of which the £11,015,000 she has lent to the public is the most important item.
Page 27 - acts of parliament were after the old fashion penned, by such only as perfectly knew what the common law was before the making of any act of parliament concerning that matter, as also how far forth former statutes had provided remedy for former mischiefs, and defects discovered by experience; then should very few questions in law arise, and the learned should not so often and so much perplex their heads to make atonement and peace, by construction of law, between insensible and disagreeing words,...

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