The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volum 23Butterworths, 1867 |
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Side 40
... considered as late in the evening , and , as the pro- secutor had unnecessarily circumscribed himself in his libel , the offence , as specially laid , was found not proven . † So a variance in the year has been held fatal , and other ...
... considered as late in the evening , and , as the pro- secutor had unnecessarily circumscribed himself in his libel , the offence , as specially laid , was found not proven . † So a variance in the year has been held fatal , and other ...
Side 45
... considered in late times that , when a prisoner is once given in charge to a jury , he is entitled to an acquittal , if for any cause whatever the prosecutor is not able to make out his case . There is no doubt , however , that the ...
... considered in late times that , when a prisoner is once given in charge to a jury , he is entitled to an acquittal , if for any cause whatever the prosecutor is not able to make out his case . There is no doubt , however , that the ...
Side 47
... considered necessary that the trial should be con- cluded in a single sitting , however protracted ; and until recently an adjournment has only been made when the prisoner consented to it ; the jury being put under the charge of the ...
... considered necessary that the trial should be con- cluded in a single sitting , however protracted ; and until recently an adjournment has only been made when the prisoner consented to it ; the jury being put under the charge of the ...
Side 48
... considered in the nature of a new trial , but the first trial is to be considered a mistrial , and therefore a nullity . In either case the judgment is right . ” † In England juries almost invariably deliver vivâ voce ver- dicts ...
... considered in the nature of a new trial , but the first trial is to be considered a mistrial , and therefore a nullity . In either case the judgment is right . ” † In England juries almost invariably deliver vivâ voce ver- dicts ...
Side 53
... considered each of these claims , and decided against every one of them , and with reference to the increase of inquests , they observed that the attention of the court had frequently been called to the number of inquests alleged to ...
... considered each of these claims , and decided against every one of them , and with reference to the increase of inquests , they observed that the attention of the court had frequently been called to the number of inquests alleged to ...
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Populære avsnitt
Side 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.
Side 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...
Side 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.
Side 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...
Side 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...
Side 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.
Side 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...
Side 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.
Side 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...
Side 289 - I cannot see why one freeman should be used worse than another, merely upon account of his complexion.