The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volume 23Butterworths, 1867 - Law |
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Page 9
... speculation , in hesitation , after chewing the cud of his opinions , about the soundness of his conclusions - doubts concerning them ordinarily shared by no other mind — he bore a good resemblance to The late Mr. Justice Crompton . 9.
... speculation , in hesitation , after chewing the cud of his opinions , about the soundness of his conclusions - doubts concerning them ordinarily shared by no other mind — he bore a good resemblance to The late Mr. Justice Crompton . 9.
Page 23
... doubts of others he suffered from a fresh insurrection of his own . He was conscious of this defect , which is one perhaps inseparable from the possession of a mind of great acuteness . The time was now drawing nigh when after all ...
... doubts of others he suffered from a fresh insurrection of his own . He was conscious of this defect , which is one perhaps inseparable from the possession of a mind of great acuteness . The time was now drawing nigh when after all ...
Page 36
... doubt in early times in England the witnesses against a prisoner were not ex- amined in his presence till the trial , and our indictments have never condescended to the particularity of those in Scotland ; nay more , in most cases still ...
... doubt in early times in England the witnesses against a prisoner were not ex- amined in his presence till the trial , and our indictments have never condescended to the particularity of those in Scotland ; nay more , in most cases still ...
Page 39
... doubt that it would be a great improvement if the statement in the major proposition in Scotland were rendered unnecessary . In England , indictments founded upon statutes , or where . the punishment of any common law offence has been ...
... doubt that it would be a great improvement if the statement in the major proposition in Scotland were rendered unnecessary . In England , indictments founded upon statutes , or where . the punishment of any common law offence has been ...
Page 41
... doubt whether in sound reason there is any ground why the particu- lar place should be specified in certain offences . What dif- ference in the essence of the offence is there between a burglary committed in the parish of A and one in ...
... doubt whether in sound reason there is any ground why the particu- lar place should be specified in certain offences . What dif- ference in the essence of the offence is there between a burglary committed in the parish of A and one in ...
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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.