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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volum 23
Uten tilgangsbegrensning - 1867
The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volum 30
Uten tilgangsbegrensning - 1871
action adopted aged appear applied appointed authority become bill Bishop called Cape Town cause Chancellor character charge Church circumstances Commissioners Committee common consideration considered constituted council course Court Crown decide decision desire direction duty ecclesiastical effect England English established evidence examination exercise existing expressed fact favour feel further give given Government granted ground hand House important interest John judges judgment judicial jurisdiction jury justice land late less letters libel limits London Lord manner marriage marry matter means ment mind nature necessary object observed opinion original Parliament parties passed patent person practice present principle profession proposed question reason received Recorder reference relating reports respect rule secured society statute taken things tion trial verdict whole
Side 128 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Side 129 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 34 - The visible church of Christ is a congregation of faithful men, in the which the pure Word of God is preached, and the sacraments be duly ministered according to Christ's ordinance in all those things that of necessity are requisite to the same.
Side 127 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?" In answer to which question, assuming...
Side 33 - It is not lawful for any man to take upon him the office of public preaching, or ministering the Sacraments in the Congregation, before he be lawfully called, and sent to execute the same. And those we ought to judge lawfully called and sent, which be chosen and called to this work by men who have public authority given unto them in the Congregation, to call and send Ministers into the Lord's vineyard.
Side 128 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Side 184 - An Act restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same ;
Side 127 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?