New Commentaries on the Laws of England: (partly Founded on Blackstone)Butterworths, 1863 - Law |
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Page i
... terms or opinions , as may stand with truth , and the proficience of know- " ledge . " - Lord Bac . Adv . of Learning . Fifth Edition . PREPARED FOR THE PRESS BY JAMES STEPHEN , Esq . , LL.D. , OF THE MIDDLE TEMPLE , BARRISTER AT LAW ...
... terms or opinions , as may stand with truth , and the proficience of know- " ledge . " - Lord Bac . Adv . of Learning . Fifth Edition . PREPARED FOR THE PRESS BY JAMES STEPHEN , Esq . , LL.D. , OF THE MIDDLE TEMPLE , BARRISTER AT LAW ...
Page 3
... terms therein set forth ; but in some cases , where the right to the relief prayed for is very clear , it is a rule absolute in the first instance , commanding the thing to be done , without the appointment of any day to show cause ...
... terms therein set forth ; but in some cases , where the right to the relief prayed for is very clear , it is a rule absolute in the first instance , commanding the thing to be done , without the appointment of any day to show cause ...
Page 5
... term of mandamus in its first sense , -the power of issuing this writ , belongs exclusively to the Court of Queen's Bench . [ It is a high prerogative writ , of a most extensive remedial nature ; ] and is in its form a command issuing ...
... term of mandamus in its first sense , -the power of issuing this writ , belongs exclusively to the Court of Queen's Bench . [ It is a high prerogative writ , of a most extensive remedial nature ; ] and is in its form a command issuing ...
Page 21
... term time , but also during the vacation ( v ) , and runs into all parts of the dominions of the Crown ( x ) ; [ for the Queen is at all times entitled to have an account why the liberty of any of her subjects is restrained , whenever ...
... term time , but also during the vacation ( v ) , and runs into all parts of the dominions of the Crown ( x ) ; [ for the Queen is at all times entitled to have an account why the liberty of any of her subjects is restrained , whenever ...
Page 22
... term should intervene , and then it may be returned in court ( b ) . ] It is necessary to apply for this writ , by motion to the court , or application to a judge , ( as the case may be , ) supported by affidavit of the facts ( c ) ...
... term should intervene , and then it may be returned in court ( b ) . ] It is necessary to apply for this writ , by motion to the court , or application to a judge , ( as the case may be , ) supported by affidavit of the facts ( c ) ...
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Common terms and phrases
17 Vict 25 Vict 9 Geo accessory Act of Parliament antient assault attainder benefit of clergy Blackstone vol burglary capital capital punishment charged chattels civil committed common law conviction court of equity crime criminal Crown death debt defendant enacted England excuse execution extent forfeiture Fost guilty of felony habeas corpus Hale hard labour hath Hawk homicide Ibid imprisonment indictment inflicted injury Inst intent judge judgment jurisdiction jury justice kill king king's lands larceny less than three liable Lord malicious manslaughter ment misdemeanor murder nature oath offence parliament party peace penal servitude penalties person plea plead prerogative principal prisoner proceedings prosecution provisions punishment Queen Queen's Bench repealed by 24 scire facias se defendendo Sect sentence sovereign species statute stealing therein thereof tion treason trial ubi sup unlawful unlawfully vide post Vide sup whosoever writ
Popular passages
Page 332 - The liberty of the press is, indeed, essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published.
Page 333 - 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 162 - ... unlawfully and maliciously shoot at any person ; or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person...
Page 352 - Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 150 - Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses : but one witness shall not testify against any person to cause him to die. 31 Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death : but he shall be surely put to death.
Page 322 - That if any Persons, riotously and tumultuously assembled together to the Disturbance of the Public Peace, shall unlawfully and with Force demolish, pull down, or destroy...
Page 204 - ... of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material...
Page 446 - That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath...
Page 449 - ... for want of the averment of any matter unnecessary to be proved, nor for the omission of the words " as appears by the record," or of the words
Page 111 - If, after he be tried and found guilty, he loses his senses before judgment, judgment shall not be pronounced ; and if, after judgment, he becomes of non-sane memory, execution shall be stayed ; for peradventure, says the humanity of the English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.