Report of the Proceedings of the House of Lords on the Claims to the Barony of Gardner: With an Appendix, Containing a Collection of Cases Illustrative of the Law of LegitimacyHenry Butterworth, 1828 - 505 стор. |
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Report of the Proceedings of the House of Lords on the Claims to the Barony ... Denis Le Marchant Попередній перегляд недоступний - 2015 |
Загальні терміни та фрази
A. B. Gran admitted adultery afterwards Alan Alan Legge Gardner appears attended Attorney-General Baron Gardner bastard begotten birth Bracton called Captain Gardner child born child was born circumstances claim claimant committee court Cross-examined deceased declared delivery deponent doubt Earl of Banbury evidence fact father favour female forty weeks gestation ground heir Henry Fenton House husband and wife illegitimate impossibility inquisition instance issue Jadis judges judgment jury Knollys labour Lady Banbury legitimacy legitimate living Lord Banbury Lord Coke Lord Vaux Lordships Majesty marriage married Mary menstruation midwifery mother nature never Nicholas nine months non-access observation opinion ordinary parent parties peerage peers period of gestation person petition petitioner pregnancy presumption proof proved question quickening Ralph Smyth recollect referred Rotherfield Greys sexual intercourse shew Sir Robert Knollys supposed symptoms take place Tindal tion witnesses woman women writ
Популярні уривки
Сторінка 435 - ... wife, until that presumption is encountered by such evidence as proves, to the satisfaction of those who are to decide the question, that such sexual intercourse did not take place at any time, when by such intercourse the husband could, according to the laws of' nature, be the father of such child.
Сторінка 436 - The non-existence of sexual intercourse is generally expressed by the words, ' non-access of the husband to the wife ;' and we understand those expressions, as applied to the present question, as meaning the same thing. Because, in one sense of the word access...
Сторінка 435 - Where the legitimacy of a child, in such a case, is disputed, on the ground that the husband was not the father of such child. the question to be left to the jury is whether the husband was the father of such child ? and the evidence to prove that he was not the father, must be of such facts and circumstances as are sufficient to prove, to the satisfaction of a jury, that no sexual intercourse took place between the husband and wife at any time, when, by such intercourse, the husband could, by the...
Сторінка 270 - That the presumption of legitimacy arising from the birth of a child during wedlock, the husband and wife not being proved to be impotent' and having opportunities of access to each other, during the period in which, a child could be begotten and born in the course of nature, may be rebutted by circumstances inducing a contrary presumption ;
Сторінка 234 - ... presumption is encountered by such evidence as proves to the satisfaction of those who are to decide the question, that such sexual intercourse did not take place at any time when, by such intercourse, the husband could, according to the laws of nature, be the father of the child.17 In Head v.
Сторінка 435 - ... by evidence of such facts or circumstances as are sufficient to prove to the satisfaction of those who are to decide the question, that...
Сторінка 469 - Davis," (William Davis, the brother of the mother, being a servant of Sir Edward Boughton). Sir Edward brought up and educated Eliza Davis as his child, and by his will, dated on the 26th of January, 1794, he devised considerable estates to her, by the description of his daughter Eliza, for her life, and after her decease, to the heirs of her body in tail general, provided she married with the consent of her guardians, and the husband she married should take upon him the name of Boughton. After the...
Сторінка 465 - The rules relating to the bastardy of children born in wedlock may be reduced to a single point, ie that the presumption in favour of the legitimacy of the child must stand until the contrary be proved by the impossibility of the husband being the father, and this impossibility must arise, either from his physical inability, or from non-access.
Сторінка 437 - but I am ready to accede to an assertion made by some of his contemporaries, that he was too fond of making the law instead of declaring the law, and of telling untruths to support his own opinions. Indeed, an obstinate persistence in any opinion he had embraced was a leading defect in his character. His dispute with Lord Ellesmere furnishes us with a very strong instance of his forcing the construction of terms, and making false definitions, when it suited his purpose to do so.
Сторінка 359 - England therefore on this subject, as now settled, I take to be this : — that if such proof can be given, of whatever kind, as shall satisfy legally the mind of the court, that the husband had no access to the wife at the time when the child must have been begotten, the child is a bastard, though born of a married woman in the lifetime of her husband ; but if the husband and wife were so circumstanced that access between them must be presumed, as if they lived in the same town or place, and cannot...