A Treatise on the Criminal Law of CanadaHart, 1882 - 588 pages |
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Page 28
... writ of habeas corpus ) . Under this warrant the prisoners were conveyed to S. , in the county of Essex , and evidence was given there , before M. , of the robbery in question , consisting of certain depositions taken in the United ...
... writ of habeas corpus ) . Under this warrant the prisoners were conveyed to S. , in the county of Essex , and evidence was given there , before M. , of the robbery in question , consisting of certain depositions taken in the United ...
Page 36
... writ of habeas corpus , and the warrant of commitment upon which he is detained appears on its face to be defective , the court before whom the prisoner is brought has no authority to remand him , and that such power is only possessed ...
... writ of habeas corpus , and the warrant of commitment upon which he is detained appears on its face to be defective , the court before whom the prisoner is brought has no authority to remand him , and that such power is only possessed ...
Page 39
... writs of habeas corpus and certiorari , order his discharge . ( v ) It had been held by the Court of Queen's Bench ... writ . This action of the English courts caused much complaint in Canada , as being an unwarranted interference with ...
... writs of habeas corpus and certiorari , order his discharge . ( v ) It had been held by the Court of Queen's Bench ... writ . This action of the English courts caused much complaint in Canada , as being an unwarranted interference with ...
Page 40
... writ of habeas corpus , except in the case where the prisoner has not been delivered up within two months after his com- mitment ; and although the necessity for a controlling power in the superior courts was strongly felt , grave ...
... writ of habeas corpus , except in the case where the prisoner has not been delivered up within two months after his com- mitment ; and although the necessity for a controlling power in the superior courts was strongly felt , grave ...
Page 41
... writ of habeas corpus : Where , after the prisoners were committed by a justice for extradition , a writ of habeas corpus , directed to a gaoler , was sent to the Clerk of the Crown , with a return stating that he held the prisoners ...
... writ of habeas corpus : Where , after the prisoners were committed by a justice for extradition , a writ of habeas corpus , directed to a gaoler , was sent to the Clerk of the Crown , with a return stating that he held the prisoners ...
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Common terms and phrases
accessory acquitted alleged Allen amount apply Arch arrest assault authority bigamy burglary Canada certiorari champerty charge committed common law constable constitute conviction court held crime criminal Crown Dears defendant Draper duty enactment evidence execution Extradition Act fact false pretences felony forgery grievous bodily harm guilty habeas corpus Hagarty Ibid illegal Imperial indictable offence indictment intent judge jurisdiction jury justice Kerr killing land larceny latter liable libel license liquor magistrate malice manslaughter marriage McIntee ment misdemeanor murder necessary nuisance obstructing obtaining offence officer Ontario owner Parliament party peace penalty perjury person plaintiff Pldg possession prisoner prisoner's privileged proceedings prosecution prosecutor proved Province public highway Pugsley punishment purpose Quebec received road Robinson Russ selling Smith Stat statute stealing sufficient supra tion treaty trial unlawful verdict warrant Wilson witness words writ
Popular passages
Page 136 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 358 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it ; but before such 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 307 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 192 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 152 - An eighth offence against the public peace is that of a forcible entry or detainer, which is committed by violently taking or keeping possession of lands and tenements with menaces, force, and arms, and without the authority of law.
Page 84 - ... employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people...
Page 166 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 286 - ... applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name.
Page 206 - There Is a marked distinction between an act done for the purpose of protecting the property by preventing a felony or of recovering It back and an act done for the purpose of punishing the offender for that which has already been done.
Page 448 - Chambers on the day of , 19 , at the hour of in the noon, to show cause why a writ of Habeas Corpus should not issue directed to...