The Magistrates' Manual: Being a Compilation of the Law Relating to the Duties of Justices of the Peace in Upper Canada; with a Complete Set of Forms and a Copious IndexW. C. Chewett & Company, 1865 - 658 pages |
From inside the book
Results 1-5 of 99
Page 8
... punishment to be inflicted ( Con . Stat . C. c . 103 , s . 38 ) . It is always desir- able to take the defendant's ... punished by fine or imprisonment ; and the same disability attaches to the wife of the defendant . If the Justice ...
... punishment to be inflicted ( Con . Stat . C. c . 103 , s . 38 ) . It is always desir- able to take the defendant's ... punished by fine or imprisonment ; and the same disability attaches to the wife of the defendant . If the Justice ...
Page 11
... punishment to be awarded in the event of conviction , it may be observed that the penalty or imprisonment ought in ... punish- ment should not be so severe as to enlist the sympathy of the public on the side of the offender ; nor , on ...
... punishment to be awarded in the event of conviction , it may be observed that the penalty or imprisonment ought in ... punish- ment should not be so severe as to enlist the sympathy of the public on the side of the offender ; nor , on ...
Page 15
... punish- able under a municipal by - law , and was convicted by the Justices of drunkenness , under the 21 Jac . I. c ... punishment , i . e . , by purse and person , for the same offence ; and on this principle , when the goods of an ...
... punish- able under a municipal by - law , and was convicted by the Justices of drunkenness , under the 21 Jac . I. c ... punishment , i . e . , by purse and person , for the same offence ; and on this principle , when the goods of an ...
Page 20
... punished by indictment or criminal information in the Court of Queen's Bench . NOT PUNISHABLE FOR ERRORS OF JUDGMENT . - But the Judges have uniformly refused to punish or interfere with Justices for mere errors in judgment ; and Lord ...
... punished by indictment or criminal information in the Court of Queen's Bench . NOT PUNISHABLE FOR ERRORS OF JUDGMENT . - But the Judges have uniformly refused to punish or interfere with Justices for mere errors in judgment ; and Lord ...
Page 22
... punishment . To punish as a " criminal any person who in the gratuitous exercise of a public " trust , may have fallen into error or mistake , belongs only to " the despotic ruler of an enslaved people , and is wholly abhor- " rent to ...
... punishment . To punish as a " criminal any person who in the gratuitous exercise of a public " trust , may have fallen into error or mistake , belongs only to " the despotic ruler of an enslaved people , and is wholly abhor- " rent to ...
Common terms and phrases
accused adjudge aforesaid appear appointed apprehended assault attorney authority bail behalf by-law cause certificate charged chattels clerk common gaol constable costs counterfeit court custody deemed default defendant deliver district or county evidence false forged forthwith guilty of felony hand and seal hath imprisoned indictable offences indictment information or complaint intent issue jurisdiction Justice or Justices keeper larceny levied liable liquor Lower Canada Majesty's Justices maliciously manner mentioned misdemeanor municipality oath offence owner party pawnbroker payment peace officers penalty penitentiary person or persons police magistrate prison or place proceedings prosecution prosecutor Province of Canada punished Quarter Sessions receive recognizance refuses sheriff sooner paid special constables Stat statute sufficient summary conviction summons sureties term less term not exceeding term not less territorial division therein tices tion township trial united counties unlawfully unless Upper Canada warrant of distress wilfully witness
Popular passages
Page 61 - AB, and him safely to convey to the common gaol of the said county of , at aforesaid, and there deliver him to the said keeper thereof, together with this precept : And I do hereby command you, the said keeper...
Page 274 - ... any person or persons exercising or assuming to exercise the powers of government in or over any foreign country,, colony, province, or part of any province or people...
Page 566 - ... part of any province or people, or in the service of or for or under or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of...
Page 157 - ... intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting...
Page 593 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 157 - ... or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place or employment, for himself or- for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, at any election...
Page 167 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 155 - ... consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting...
Page 275 - ... for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people...
Page 133 - Act passed or to be passed, shall be liable, at the discretion of the court, to be imprisoned in the common gaol or house of correction for any term not .exceeding two years...