A Treatise on Crimes and Misdemeanors, 1. köideSaunders and Benning, 1843 - 1122 pages |
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Page 32
... statute of Ph . & M. were not pursued , the words excitavit , movit , et procuravit , being deemed tantamount to the words of the statute and descriptive of the same offence , he says that he takes that case to be good law , though he ...
... statute of Ph . & M. were not pursued , the words excitavit , movit , et procuravit , being deemed tantamount to the words of the statute and descriptive of the same offence , he says that he takes that case to be good law , though he ...
Page 44
... statute cre- ate a felony . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to have been long used to ...
... statute cre- ate a felony . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to have been long used to ...
Page 45
... statute make the doing of an act feloni- ous , yet if a subsequent statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it ...
... statute make the doing of an act feloni- ous , yet if a subsequent statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it ...
Page 46
... statute is punishable not only at the suit of the party aggrieved , but also by way of indictment for his contempt of the statute , unless such method of proceeding do manifestly appear to be excluded by it . ( r ) But no injuries of a ...
... statute is punishable not only at the suit of the party aggrieved , but also by way of indictment for his contempt of the statute , unless such method of proceeding do manifestly appear to be excluded by it . ( r ) But no injuries of a ...
Page 49
... statute , though there be after- statute , when wards , a particular provision and a particular remedy given . ( n ) And it is stated as an established principle that when a new offence is created by an act of parliament , and a penalty ...
... statute , though there be after- statute , when wards , a particular provision and a particular remedy given . ( n ) And it is stated as an established principle that when a new offence is created by an act of parliament , and a penalty ...
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Other editions - View all
A Treatise on Crimes and Misdemeanors, Vol. 2 of 2 (Classic Reprint) William Oldnall Russell No preview available - 2017 |
Common terms and phrases
accessory acquitted aforesaid alleged appeared arrest assault authority banns Bayley benefit of clergy Blac bridge Burr Campb certiorari charged child coin committed common law constable convicted counterfeit Court crime criminal custody death deceased deemed defendant East enacts escape evidence forcible entry Fost gaol Hale Hawk held highway holden imprisonment inclosure act indictable offence indictment inhabitants intent judges judgment jury justice of peace justices killed King's Bench land Leach liable libel license Lord Ellenborough Lord Raym Lord Tenterden Majesty's malice manslaughter marriage ment misdemeanor murder nuisance oath offence officer Old Bailey oyer and terminer parish party peace person or persons principal prisoner proceedings prosecution prosecutor proved punishment purpose quarter sessions repair repealed Rex v.
v. road Russ Salk sentence shew statute sufficient thereof tion transportation trial unlawful uttering Vict wife
Popular passages
Page 275 - Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of king George, for preventing tumults and riotous assemblies. God save the king.
Page 470 - ... seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years...
Page 654 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page xli - ... on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver such goods or documents of title...
Page 671 - And be it enacted, that in the case of every felony punishable under this Act, every principal in the second degree, and every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this Act punishable...
Page 14 - English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.
Page 101 - The sea is either that which lies within the body of a county, or without That arm or branch of the sea which lies within the fauces terrae, where a man may reasonably discern between shore and shore, is, or at least may be, within the : body of a county, and therefore within the Jurisdiction of the* sheriff or coroner.
Page 246 - The proper meaning of a privileged communication is only this ; that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the Plaintiff, and puts it upon him to prove that there was malice in fact — that the Defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made.
Page 196 - Examination appear to be proper, the said Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal for the Time being...
Page 90 - ... foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people with whom the United States are...