A Treatise on the Law of Adulterine Bastardy: With a Report of the Banbury Case, and of All Other Cases Bearing Upon the Subject, Issue 638

Front Cover
W. Pickering, 1836 - Banbury peerage claim - 588 pages

From inside the book

Other editions - View all

Common terms and phrases

Popular passages

Page 180 - ... 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.
Page 180 - 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...
Page 161 - ... within marriage. But if the issue be born within a month or a day after marriage between parties of full lawful age, the child is legitimate.
Page 587 - NICOLAS.-THE CHRONOLOGY OF HISTORY. Containing Tables, Calculations, and Statements indispensable for ascertaining the Dates of Historical Events, and of Public and Private Documents, from the Earliest Period to the Present Time.
Page 200 - Formerly, it was considered that all doubt could not be excluded, unless the husband were extra quatuor maria. But, as it is obvious that all doubt may be excluded from other circumstances, although the husband be within the four seas, the modern practice permits the introduction of every species of legal evidence tending to the same conclusion. But still the evidence must be of a character to exclude all doubt; and when the judges, in the Banbury Peerage Case, spoke of satisfactory evidence upon...
Page 178 - That the physical fact of impotency, or of non-access, or of nongenerating access, as the case may be, may always be lawfully proved by means of such legal evidence as is strictly admissible in every other case in which it is necessary, by the law of England, that a physical fact be proved.
Page 179 - Whether evidence may be received and acted upon to bastardize a child born in wedlock, after proof given of such access of the husband and wife, by which, according to the laws of nature, he might be the father of such child, the husband not being impotent, except such proof as goes to negative the fact of generating access?
Page 140 - ... other animals. A man may survey ten thousand people before he sees two faces perfectly alike, and in an army of a hundred thousand men every one may be known from another.
Page 424 - Lords, and required to account for his judgment, replied, ' I acknowledge the thing. There was such a plea, and such a replication. I gave my judgment according to my conscience. We are trusted with the law ; we are to be protected and not arraigned, and are not to give reasons for our judgment; and, therefore, I desire to be excused from giving any.
Page 162 - As bastards may be born before the coverture or marriage state is begun, or after it is determined, so also children born during wedlock may in some circumstances be bastards. As if the husband be out of the kingdom of England (or, as the law somewhat loosely phrases it, extra quatuor maria), for above nine months, so that no access to his wife can be presumed, her issue during that period shall be bastards.

Bibliographic information