The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volume 23Butterworths, 1867 - Law |
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Page 30
... Scotland , and we much regret that pressure of other matter should have prevented the forms in both countries from appearing in the same number ; we trust , how- ever , that our readers will refer to our last number and compare the ...
... Scotland , and we much regret that pressure of other matter should have prevented the forms in both countries from appearing in the same number ; we trust , how- ever , that our readers will refer to our last number and compare the ...
Page 31
... Scotland . Two of the simplest and shortest forms out of a large number of forms with which we have been furnished have been selected . The form of criminal letters has been selected , because it contains the notice of the two courts ...
... Scotland . Two of the simplest and shortest forms out of a large number of forms with which we have been furnished have been selected . The form of criminal letters has been selected , because it contains the notice of the two courts ...
Page 36
... Scotland the prisoner is never confronted with the witnesses till the trial , and therefore is in ignorance of the precise evidence which they are coming to give , it was very reasonable that a more special description should be given ...
... Scotland the prisoner is never confronted with the witnesses till the trial , and therefore is in ignorance of the precise evidence which they are coming to give , it was very reasonable that a more special description should be given ...
Page 37
... Scotland has set us an excellent example , in giving the accused a copy of the indictment in every case , though , with the full know- ledge the prisoner obtains with us of the charge when exam- ined before the magistrate , we think he ...
... Scotland has set us an excellent example , in giving the accused a copy of the indictment in every case , though , with the full know- ledge the prisoner obtains with us of the charge when exam- ined before the magistrate , we think he ...
Page 39
... Scotland were rendered unnecessary . In England , indictments founded upon statutes , or where . the punishment of any common law offence has been altered by a statute , used always to conclude " against the form of the statute , " and ...
... Scotland were rendered unnecessary . In England , indictments founded upon statutes , or where . the punishment of any common law offence has been altered by a statute , used always to conclude " against the form of the statute , " and ...
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Common terms and phrases
advocate aged alleged Ann Wilson applied appointed assize authority Banda and Kirwee Baron barrister Barrister-at-Law Bench Bill bishop booty capture cause Chief Justice Church of England circuit claim clause colony common law constitution contract coroner corrupt Council County Court criminal Crompton Crown death declared doubt duty election enactment English evidence exercise fact force franchise guilty Henry honour House House of Lords Ibid indictment inquests interests issue judge judgment judicial jurisdiction jurymen labour law of England legislation Lord Lord Stowell Majesty's marriage martial law matter ment military offence opinion Parliament parties persons petition Petition of Right plaintiff practice present principle prisoner prize prize law proceedings profession punishment question rebellion Reform respect rule Scotland sessions Sir Hugh Rose Solicitor statute taken tion trial by jury tribunal vaccination verdict Vict William Shedden witnesses XXIII.-NO
Popular passages
Page 221 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Page 135 - ... a counsel can maintain no action for his fees; which are given, not as locatio vel conductio, but as quiddam honorarium; not as a salary or hire, but as a mere gratuity, which a counsellor cannot demand without doing wrong to his reputation...
Page 211 - The discretion of a Judge is the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper and passion. In the best it is oftentimes caprice; in the worst it is every vice, folly and passion to which human nature is liable.
Page 38 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or...
Page 231 - Secondly, This indulged Law was only to extend to Members of the Army, or to those of the opposite Army, and never was so much indulged as intended to be (executed or) exercised upon others...
Page 231 - The necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of the land.
Page 313 - Provided always that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question...
Page 284 - Ireland whereon may depend in any Degree the Allegiance of any Person to the Crown of the United Kingdom, or the Sovereignty or Dominion of the said Crown over any Part of the said Territories.
Page 30 - Society; being all to be used in evidence against both and each of you the said William Burke and Helen M'Dougal, at your trial, will, for that purpose, be in due time lodged in the hands of the clerk of the High Court...
Page 289 - I cannot see why one freeman should be used worse than another, merely upon account of his complexion.