The Justice of the Peace for Ireland: Comprising the Practice in the Indictable Offences, and the Proceedings Preliminary and Subsequent to Convictions; with an Appendix of the Most Useful Statutes, and an Alphabetical Catalog of Offenses
Hodges, Smith, 1862 - 762 pages
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accused action aforesaid amount appeal application appointed arrest attend authority bail called cause certificate charge clerk commissioners committed common complaint constable conviction copy costs court criminal defendant depositions determine directed distress district duty enter evidence examination exceeding execution fact felony fish fishery fixed gaol give given granted ground hearing held imprisonment indictment Ireland issue jurisdiction jury justice keep land liable Lord magistrate manner matter mentioned months necessary notice oath offence officer owner paid party payment peace penalty period person petty sessions possession pounds present prisoner proceedings prosecution punishable quarter question reasonable receive recognizance refuse relating respect rule salmon shillings signed stamp statute sufficient summary summons sureties taken therein thereof tion trial unless warrant weir witness writing
Page 76 - The 2nd clause provides as follows, — that, " on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 82 - a party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the 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...
Page 91 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Page 437 - ... the justice shall, at the time of the conviction, appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or house of...
Page 157 - ... no tradesman, artificer, workman, labourer, or other person whatsoever, shall do or exercise any worldly labour, business, or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Page 408 - Entry upon any such Warrant shall not be made on a Sunday, Good Friday, or Christmas Day, or at any Time except between the Hours of Nine in the Morning and Four in the Afternoon...
Page 75 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself...
Page 447 - ... sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet ; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.
Page 610 - The result of these authorities is, that the rule of law on this subject seems to be, that if a man find goods that have been actually lost, or are reasonably supposed by him to have been lost, and appropriates them, with intent to take the entire dominion over them, really believing when he takes them, that the owner cannot be found, it is not larceny. But if he takes them with the like intent, though lost, or reasonably supposed to be lost, but reasonably believing that the owner can be found,...