The Journal of Jurisprudence, 7. köideT.T. Clark, 1863 |
From inside the book
Results 1-5 of 100
Page 13
... Record . The amendments we pro- pose do not involve any radical alteration of the existing procedure ; 1 Taylor's Medical Jurisprudence , sixth edition , p . 951. See also Roscoe's Evidence in Criminal Cases , sixth edition , p . 910 ...
... Record . The amendments we pro- pose do not involve any radical alteration of the existing procedure ; 1 Taylor's Medical Jurisprudence , sixth edition , p . 951. See also Roscoe's Evidence in Criminal Cases , sixth edition , p . 910 ...
Page 14
... record introduced by the Judicature Act , and which appears to have been suggested by the English Chancery procedure , is perhaps the worst that could have been contrived , if the object which its promoters had in view were to enforce a ...
... record introduced by the Judicature Act , and which appears to have been suggested by the English Chancery procedure , is perhaps the worst that could have been contrived , if the object which its promoters had in view were to enforce a ...
Page 15
... record has been closed ; but , if there be matter of fact or law fairly arising within the case presented on record , though not technically expressed in it , we think the Court ought to have the power of allowing an amend- ment of the ...
... record has been closed ; but , if there be matter of fact or law fairly arising within the case presented on record , though not technically expressed in it , we think the Court ought to have the power of allowing an amend- ment of the ...
Page 17
... record has been adjusted . We would propose to remove this cause of uncertainty , by making it the duty of the judge in every case to determine the course of procedure at the time of closing the record . At the meeting for final ...
... record has been adjusted . We would propose to remove this cause of uncertainty , by making it the duty of the judge in every case to determine the course of procedure at the time of closing the record . At the meeting for final ...
Page 18
... record , and , according to the result of the argument , an issue or a proof limited to certain questions of fact would either be granted or refused . If it appeared from the discus- sion that the plea of no issuable matter might be ...
... record , and , according to the result of the argument , an issue or a proof limited to certain questions of fact would either be granted or refused . If it appeared from the discus- sion that the plea of no issuable matter might be ...
Contents
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Common terms and phrases
Act of Parliament action advocation aforesaid allowed Amendment amount appeal apply appointed Ardmillan authority Averment Bill Board of Trade Cause Certificate charge claim clause Commissioners Company Consent contract counsel Court of Session crime criminal damages decision declared decree deed defender defender's Division duty Edinburgh English entitled evidence executed expenses fact Glasgow granted ground held Home Secretary House of Lords Inner House insanity interest interlocutor issue judge judgment jurisdiction jury jury trial justice lands liable Lord Advocate Lord Ordinary Lordships marriage matter ment Notice object Offence opinion Outer House Owner parish Parliament parties payment Penalty person petition plaintiff plea pleading Pounds present proceedings proof provisions purpose pursuer question Railway reclaimed record reference Register respect Scotland Sheriff Court Sheriff-substitute Special Act statute Stock summons teinds thereof tion Tobacco trial trustees verdict Vict whole witness
Popular passages
Page 169 - And I do declare that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, preeminence, or authority, ecclesiastical or spiritual, within this realm : So help me God.
Page 113 - ... 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.
Page 5 - Penalty may be prosecuted summarily before Two or more Justices, as to England in manner directed by an Act passed in the Session holden in the Eleventh and Twelfth Years of the Reign of Her Majesty Queen Victoria, Chapter Forty-three intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders...
Page 16 - Provisions of this or the special Act, or any Act incorporated therewith, may be according to the Forms in the Schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 22 - I AB do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare,
Page 7 - Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that — I.
Page 90 - means the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter forty-three, intituled, " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 22 - Declaration shall wilfully, falsely, and corruptly affirm or declare any Matter or Thing which, if the same had been sworn in the usual Form, would have amounted to wilful and corrupt Perjury...
Page 66 - Lancaster, without the consent in writing of the Commissioners for the time being of Her Majesty's Woods, Forests, and Land Revenues, or one of them...
Page 80 - ... or sums liable to the payment of such interest, or such principal and interest, as the case may be, until such interest, or until such principal and interest, as the case may be, together with all costs, including the charges of receiving the...