The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, 23. köide

Front Cover
Butterworths, 1867
 

Other editions - View all

Common terms and phrases

Popular passages

Page 232 - ... est igitur haec, iudices, non scripta, sed nata lex, quam non didicimus, accepimus, legimus, verum ex natura ipsa arripuimus, hausimus, expressimus, ad quam non docti, sed facti, non instituti, sed imbuti sumus...
Page 211 - The discretion of a Judge is the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper and passion. In the best it is oftentimes caprice; in the worst it is every vice, folly and passion to which human nature is liable.
Page 36 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or...
Page 229 - Secondly, the indulged law was only to extend to members of the army, or to those of the opposite army, and never was so much indulged as intended to be executed or exercised upon others...
Page 30 - Stuart, ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming.
Page 210 - But in settling and adjusting a question of fact when intrusted to any single magistrate, partiality and injustice have an ample field to range in ; either by boldly asserting that to be proved which is not so, or by more artfully suppreosing some circumstances, stretching and warping others, and distinguishing away the remainder.
Page 219 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Page 309 - Provided always that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question...
Page 28 - Society; being all to be used in evidence against both and each of you the said William Burke and Helen M'Dougal, at your trial, will, for that purpose, be in due time lodged in the hands of the clerk of the High Court...
Page 103 - The Church of England, in places where there is no church established by law, is in the same situation with any other religious body, in no better but in no worse position, and the members may adopt, as the members of any other communion may adopt, rules for enforcing discipline within their body which will be binding on those who expressly or by implication have assented to them.

Bibliographic information