Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly Founded on Blackstone.)Butterworths, 1874 |
From inside the book
Results 1-5 of 83
Page i
... JUDGE OF COUNTY COURTS , LATE PROFESSOR OF ENGLISH LAW AT KING'S COLLEGE , London , AND FORMERLY RECORDER OF POOLE . IN FOUR VOLUMES . VOL . IV . LONDON : BUTTERWORTHS , 7 , FLEET STREET , Law Publishers to the Queen's most excellent ...
... JUDGE OF COUNTY COURTS , LATE PROFESSOR OF ENGLISH LAW AT KING'S COLLEGE , London , AND FORMERLY RECORDER OF POOLE . IN FOUR VOLUMES . VOL . IV . LONDON : BUTTERWORTHS , 7 , FLEET STREET , Law Publishers to the Queen's most excellent ...
Page 27
... judge and jury , lest on the one " side there be a kind of inhumanity towards the defects " of human nature , or on the other side too great an 66 ( r ) By this Act a previous sta- tute on the same subject , 3 & 4 Vict . c . 54 , was in ...
... judge and jury , lest on the one " side there be a kind of inhumanity towards the defects " of human nature , or on the other side too great an 66 ( r ) By this Act a previous sta- tute on the same subject , 3 & 4 Vict . c . 54 , was in ...
Page 28
... judges , in a modern case , however , gave it as their opinion ( x ) , that if a man who takes another's life ... judges by the House of Lords , in reference to the discussion in that house occasioned by Macnaughten's case , in the year ...
... judges , in a modern case , however , gave it as their opinion ( x ) , that if a man who takes another's life ... judges by the House of Lords , in reference to the discussion in that house occasioned by Macnaughten's case , in the year ...
Page 35
... judge , but the party himself who pleads them . In this country , espe- cially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient pro- vision is made for the poor , that it is ...
... judge , but the party himself who pleads them . In this country , espe- cially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient pro- vision is made for the poor , that it is ...
Page 48
... judge not authorized by lawful commission , and execution is done accordingly , the judge is guilty of murder ( g ) . And , upon this account , Sir Matthew Hale himself , though he accepted the place of a judge of the Common Pleas under ...
... judge not authorized by lawful commission , and execution is done accordingly , the judge is guilty of murder ( g ) . And , upon this account , Sir Matthew Hale himself , though he accepted the place of a judge of the Common Pleas under ...
Contents
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Common terms and phrases
17 Vict 25 Vict 9 Geo accessory accused afterwards antient assault benefit of clergy Blackstone vol burglary capital charged chattel civil committed common law conviction court crime criminal Crown death defendant dwelling-house enacted England excuse execution false forfeiture Fost grievous bodily harm guilty of felony Hale hard labour hath Hawk homicide imprisonment indictment inflicted injury Inst intent judges jurisdiction jury justice kill king king's labour and solitary larceny Law Rep less than five Lord Lord High Steward malicious manslaughter ment misdemeanor murder oath offence officer owner oyer and terminer parliament party peace penal servitude penalties person principal prisoner prosecution provisions quarter sessions Queen Queen's Bench repealed by 24 robbery se defendendo Sect sentence sessions solitary confinement sovereign species statute steal therein thereof tion treason trial ubi sup unlawful unlawfully valuable security vide post Vide sup whosoever
Popular passages
Page 263 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 212 - To deny the possibility, nay, actual existence, of witchcraft and sorcery is at once flatly to contradict the revealed word of God, in various passages both of the Old and New Testament : and the thing itself is a truth to which every nation in the world hath in its turn borne testimony, either by examples seemingly well attested or by prohibitory laws; which at least suppose the possibility of commerce with evil spirits.
Page 238 - Eli/. с. 2, to be punished by six months' imprisonment, and treble damages to the party injured. 12. Maintenance is an offence that bears a near relation to the former; being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it: (u) a practice that was greatly encouraged by the first introduction of uses.
Page 85 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor...
Page 383 - Law of the Land. IV. And in the eight and twentieth Year of the Reign of King Edward the Third, it was declared and enacted by Authority of Parliament, That no Man of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to Death, without being brought to answer by due Process of Law : V.
Page 21 - All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete...
Page 159 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm...
Page 149 - 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 127 - ... the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear...
Page 136 - Whosoever, being a director, manager, or public officer of any body corporate or public company shall make, circulate, or publish, or concur in making, circulating, or publishing, any written statement or account which he shall know to be false in any material particular...