Our Legal Heritage by S. A. Reilly
page 272 of 410 (66%)
page 272 of 410 (66%)
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If a man dies intestate, his goods shall be administered by his next and most lawful friends appointed. Such administrators shall have the same powers and duties as executors and be accountable as are executors to the ecclesiastical court. Children born to English parents in parts beyond the sea may inherit from their ancestors in the same manner as those born in the nation. A person grieved by a false oath in a town court proceeding may appeal to the King's Bench or Common Pleas, regardless of any town franchise. The Court of the King's Bench worked independently of the King. It became confined to the established common law. The King proclaimed that petitions for remedies that the common law didn't cover be addressed to the Chancellor, who was not bound by established law, but could do equity. With the backing of the council, he made decisions implementing the policy of the Statute of Laborers. Most of these concerned occupational competency, for instance negligent activity of carriers, builders, shepherds, doctors, clothworkers, smiths, innkeepers, and jailers. For instance, the common law action of detinue could force return of cloth bailed for fulling or sheep bailed for pasturing, but could not address damages due to faulty work. The Chancellor addressed issues of loss of wool, dead lambs, and damaged sheep, as well as dead sheep. He imposed a legal duty on innkeepers to prevent injury or damage to a patron or his goods from third parties. A dog bite or other damage by a dog known by its owner to be |
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