The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volume 23Butterworths, 1867 - Law |
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Page 17
... necessary to advert as well to the impressions made on his young mind in his father's house , and the imitative habits of youth , as to the license to joke which prevailed on his circuit , and the unrestrained freedom of that ...
... necessary to advert as well to the impressions made on his young mind in his father's house , and the imitative habits of youth , as to the license to joke which prevailed on his circuit , and the unrestrained freedom of that ...
Page 38
... necessary not merely to aver that each is guilty of the said crimes , or of one or other of them , but to specify which of the crimes each has been guilty of , without confounding him with the other . It was but natural to expect that ...
... necessary not merely to aver that each is guilty of the said crimes , or of one or other of them , but to specify which of the crimes each has been guilty of , without confounding him with the other . It was but natural to expect that ...
Page 39
... necessary in an indictment ; and no such state- ment is ever now made , t and no instance has ever occurred that we are aware of in which any inconvenience has arisen from the omission ; and we cannot doubt that it would be a great ...
... necessary in an indictment ; and no such state- ment is ever now made , t and no instance has ever occurred that we are aware of in which any inconvenience has arisen from the omission ; and we cannot doubt that it would be a great ...
Page 40
... necessary in England to state a place in the in- dictment , whether the offence was local or not ; and this seems still to be the case in Scotland . But now , by the 14 & 15 Vict . , c . 100 , s . 23 , it is unnecessary in England to do ...
... necessary in England to state a place in the in- dictment , whether the offence was local or not ; and this seems still to be the case in Scotland . But now , by the 14 & 15 Vict . , c . 100 , s . 23 , it is unnecessary in England to do ...
Page 41
... necessary to describe the property , in respect of which any offence may have been committed , and the proof must agree with the description ; but in Scotland the description appears to be more precise . Thus we find that a prisoner ...
... necessary to describe the property , in respect of which any offence may have been committed , and the proof must agree with the description ; but in Scotland the description appears to be more precise . Thus we find that a prisoner ...
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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.