Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 9991 - 10003 of 10003

Full-Text Articles in Legal History

Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson - Case Summary Aug 1748

Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson - Case Summary

Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)

Johnson was in prison because his alleged master, George Massey, had complained to a local Justice of the Peace that he “refuseth to labour and is stubborn and rebellious” and had requested “that the said Peter may be detained in Prison until he shall become submissive and dutiful,” whereupon the J.P. had issued a mittimus that ordered the sheriff to confine Johnson “until he the said Peter shall behave himself.”

Go to article

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives - Judgment Of Andrew Downer Feb 1745

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives - Judgment Of Andrew Downer

Documents from Making Habeas Work: A Legal History (monograph)

Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.

Go to article

Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer Feb 1745

Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer

Documents from Making Habeas Work: A Legal History (monograph)

Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.

Go to article

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives (Entry No. 24 For Feb. 5, 1744) - Appeals Entry Feb 1744

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives (Entry No. 24 For Feb. 5, 1744) - Appeals Entry

Documents from Making Habeas Work: A Legal History (monograph)

... when in the spring of 1744 the judges of the New Hampshire Superior Court were divided on appeal in a legally tangled case arising out of a bitter religious dispute, they adjourned so that counsel could “[s]tate the case and apply for advisement to the neighbouring lawyers on the Case.” When that consultation failed to occur, the judges considered, but apparently could not decide, whether to allow a further adjournment on the basis that there was a Superior Court session to be held at York “in June next when they might have opportunity of conversing with some of the …

Go to article

Executive Council Records, Box 5, Folder - Council Minutes, 1690-1769, New Hampshire State Archives - George Walton Summons And Deposition Jul 1725

Executive Council Records, Box 5, Folder - Council Minutes, 1690-1769, New Hampshire State Archives - George Walton Summons And Deposition

Documents from Making Habeas Work: A Legal History (monograph)

In July 1725 George Walton of Portsmouth, New Hampshire was called before the Council to answer charges brought by Captain George Walker of “refusing as ferryman to transport troops and horses from Dover to Newington for his Majesty’s service,” …

Go to article

Provincial Case File No. 18120, New Hampshire State Archives - Petition And Judgment Of Captain John Owen Jul 1720

Provincial Case File No. 18120, New Hampshire State Archives - Petition And Judgment Of Captain John Owen

Documents from Dimension I: Habeas Corpus as a Common Law Writ (article)

Indeed, even a litigant who was not in prison might attach a good deal of importance to securing a prohibition against admiralty proceedings in favor of ones at common law so that his or her liabilities would be determined by a jury. … attempt by Captain John Owen to have common law jury consider factual issues arising out of remarkable peregrinations of his vessel, crew, and cargo, which admiralty had held legally irrelevant.

Go to article

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 12, 1714 Aug 1714

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 12, 1714

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …

Go to article

Superior Court Minutes, 1699-1750, Superior Court Docket Box 1, Folder 1710-1719, New Hampshire State Archives - Confirms Judgment Of Charles Banfild Aug 1714

Superior Court Minutes, 1699-1750, Superior Court Docket Box 1, Folder 1710-1719, New Hampshire State Archives - Confirms Judgment Of Charles Banfild

Documents from Making Habeas Work: A Legal History (monograph)

… and the parties worked out an arrangement for Banfild’s prompt release. Banfild and a guarantor would enter into a penal bond obligating themselves to pay twice the amount due unless within five weeks Banfild paid to the Selectmen the taxes they claimed, less the amounts owed by taxpayers whose obligations the J.P.s had forgiven.

Go to article

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 10, 1714 Aug 1714

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 10, 1714

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …

Go to article

Journal Of The House Of Representatives, July 24, 1714. Jul 1714

Journal Of The House Of Representatives, July 24, 1714.

Documents from Making Habeas Work: A Legal History (monograph)

The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.

Go to article

Superior Court Docket Book, 1699–1738, At 86, New Hampshire State Archives (Spelling In Original).- Judgment Of Charles Banfild Feb 1714

Superior Court Docket Book, 1699–1738, At 86, New Hampshire State Archives (Spelling In Original).- Judgment Of Charles Banfild

Documents from Making Habeas Work: A Legal History (monograph)

When the Court considered the matter on August 11, 1714, it ordered Banfild to be brought before it, “which order the Sheriff refused to obay.” Irritated, the Court told the Sherriff to have before it the next day not only Banfild “in safe custody,” but also the Justices of the Peace who had committed him to prison, and the Selectmen complained of.

Go to article

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated Dec 1713

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …

Go to article

An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93. Dec 1691

An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93.

Documents from Making Habeas Work: A Legal History (monograph)

The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.

Go to article

First Prev