Local Courts Not the Remedy for the Defects of the Law: With Suggestions of a Plan for Adapting the Superior Courts of Common Law at Westminster, the Circuit Courts of Assize, and the Sessions of the Peace to the Increased Demands of the Country, Arising from Its Extended Population and CommerceSaunders & Benning, 1844 - 37 sider |
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Vanlige uttrykk og setninger
action additional Judge alteration amount in dispute amount of business Appeals application arise Assizes attendance attorneys benefit bill Chambers Common Law Common Pleas Division County of York Court to sit Courts in banc Courts of Requests decision DELAY and EXPENSE East Riding equal evil of delay Exchequer of Pleas expenses of witnesses facts Hundred of Salford inconvenience injustice Inn Hall introduced jury law's delay law's procedure Manchester Michaelmas Middlesex and London mischief mode Nisi Prius Sittings North Riding number of causes object occasioned parish parties Peace place of trial Pleas Division Court Police Constable present Courts Privy Council proposed Queen's Bench Queen's Bench Division Remanets New Causes remedies result secure Sir James Graham sit in banc sittings in Term Stipendiary Chairman suggested suitors thousand pounds three o'clock p.m. tribunal twenty pounds West Derby Hundred West Riding Westminster Hall winter gaol delivery writ of trial writs of summons
Populære avsnitt
Side 7 - ... (Vol. 4, p. 281.) And again, speaking of the right of jury trial, he says: " So that the liberties of England cannot but subsist so long as this palladium remains sacred and inviolate, not only from all open attacks (which none will be so hardy as to make), but also from all secret machinations which may sap and undermine it, by introducing new and arbitrary methods of trial by justices of the peace, commissioners of the revenue, and courts of conscience.
Side 24 - England shall be assigned for the keeping of the peace, one lord, and with him three or four of the most worthy in the county, with some learned in the law...
Side 7 - And, however convenient these may appear at first, (as doubtless all arbitrary powers, well executed, are the most convenient), yet let it be again remembered that delays and little inconveniences in the forms of justice are the price that all free nations must pay for their liberty in more substantial matters...
Side 7 - ... that delays and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters ; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our constitution ; and that, though begun in trifles, the precedent may gradually increase and spread, to the utter disuse of juries in questions of the most momentous concern.
Side 7 - ... first, (as doubtless all arbitrary powers, well executed, are the most convenient,) yet let it be again remembered, that delays and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters ; that these inroads upon...
Side 4 - Judge shall be satisfied that the trial will not involve any difficult question of fact or law, and such Court or Judge shall think fit so to do, to order and direct that the issue or issues joined shall be tried before the sheriff of the county where the action is brought, or any Judge of any Court of Record for the recovery of debt in such county...
Side 16 - Serjeants and sad apprentices at the bar, and afterwards debated publicly on the bench, is disposed of in five minutes, and without appeal, at chambers by a judge who has never practised this branch of the law, and who would when at the bar have shrunk from the responsibility of expressing an opinion on the most ordinary question connected with the science of special pleading.
Side 10 - This court is for error from the judgments of the courts of Queen's Bench, Common Pleas, and Exchequer, of pleas in actions commenced therein.
Side 17 - Year 1843. 5. Three Circuits to be held in each year. To commence at a fixed period in relation to the first or last day of Michaelmas, Hilary, and Trinity Terms. The dates of the Terms to be re-arranged. (See Suggestion 10.) The late winter gaol delivery, in many counties, is decisive evidence that, at least for criminal purposes, a third circuit will be demanded. The injustice of keeping possibly innocent men in gaol waiting six or eight months for trial, is of itself, an overwhelming reason for...
Side 24 - Statute ° by which it is ordained that ' two or three of the best reputation in the Counties shall be assigned Keepers of the Peace by the King's Commission ; and at what time need shall be, the same, with other wise and learned in the Law, shall be assigned by the King's Commission to hear and determine Felonies and Trespasses...