The Law Magazine, Or, Quarterly Review of JurisprudenceSaunders and Benning, 1837 - Law |
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Page 9
... fact , and the sentence after conviction . It has been supposed that no remedies exist for the cor- rection of error in the decision of legal questions during the trial . This is a mistake ; precisely the same remedies exist as in all ...
... fact , and the sentence after conviction . It has been supposed that no remedies exist for the cor- rection of error in the decision of legal questions during the trial . This is a mistake ; precisely the same remedies exist as in all ...
Page 11
... fact as if it were a crime , which is not strictly within the definition of the crime , is as free from legal guilt , and consequently as justly exempt from punishment , as if the fact were not made out in evidence ; wherever therefore ...
... fact as if it were a crime , which is not strictly within the definition of the crime , is as free from legal guilt , and consequently as justly exempt from punishment , as if the fact were not made out in evidence ; wherever therefore ...
Page 18
... fact charged against the defendant , ' and the evi- dence advanced to support it , and the superior court decides whether that fact constitutes a legal offence , and whether that evidence substantiates the fact . Where the subject is de ...
... fact charged against the defendant , ' and the evi- dence advanced to support it , and the superior court decides whether that fact constitutes a legal offence , and whether that evidence substantiates the fact . Where the subject is de ...
Page 24
... to guess from the source of a river into what sea it may discharge itself , instead of ascertaining the fact at its estuary . We cannot conclude these observations without one remark upon a 24 Unpaid Justices of the Peace .
... to guess from the source of a river into what sea it may discharge itself , instead of ascertaining the fact at its estuary . We cannot conclude these observations without one remark upon a 24 Unpaid Justices of the Peace .
Page 32
... fact , and the drift of an argument , at its first opening , and could immediately reply to an unforseen objection ... facts on the doubtful points of the case , and the principles of law to which the attention should only have been ...
... fact , and the drift of an argument , at its first opening , and could immediately reply to an unforseen objection ... facts on the doubtful points of the case , and the principles of law to which the attention should only have been ...
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Common terms and phrases
action affidavit afterwards alleged amend amount appear apply appointed assignment assumpsit attorney Attorney-General authority award bail bankrupt bill Bing Bingh Buller cause certiorari cestui que trust charge church rate churchwardens Commission Commissioners common law costs counsel county rate Court creditors criminal debt decision declaration deed defendant duty ecclesiastical Ecclesiastical Court entitled equity evidence Exchequer execution executors give granted guardians Held House House of Lords indictment Interpleader issue judge judgment jury justice King's Bench lawyer lease libel Lord Brougham Lord Eldon Lord Kenyon magistrates mandamus matter ment nisi notice opinion owner paid parish parishioners party payment person plaintiff plea pleaded Poor Law possession Practice principle prisoner proceedings question records reference refused repair respect rule salvage sheriff ship statute tenant term tion trial trustees verdict vessel vestry witness writ
Popular passages
Page 283 - Looks through the horizontal misty air Shorn of his beams ; or from behind the moon, In dim eclipse, disastrous twilight sheds On half the nations, aud...
Page 24 - That not to know at large of things remote From use, obscure and subtle, but to know That which before us lies in daily life, Is the prime wisdom...
Page 149 - A perpetuity may be defined to be a future limitation, restraining the owner of the estate from aliening the fee simple of the property discharged of such future use or estate before the event is determined or the period is arrived when such future use or estate is to arise. If that event or period be within the bounds prescribed by law it is not a perpetuity.
Page 200 - D., in trust for his wife for life, and after her decease for the benefit of...
Page 227 - Chitty's Index to all the Reported Cases decided in the several Courts of Equity in England, the Privy Council, and the House of Lords, with a selection of Irish Cases, on or relating to the Principles, Pleading, and Practice of Equity and Bankruptcy ; from the earliest period.
Page 474 - Exposition of the Law of Parliament, as it relates to the Power and Privileges of the Commons House. To which are Added the Proceedings on the Principal Questions of Privilege which have arisen in Parliament.
Page 39 - And a presumption, which necessarily arises from circumstances, is very often more convincing and more satisfactory than any other kind of evidence : because it is not within the reach and compass of human, abilities to invent a train of circumstances which shall be so connected together as to amonnt to a proof of guilt, without affording opportunities of contradicting a great part, if not all, of these circumstances.
Page 263 - and I opposed each other. This demure gentleman, Sir, this great lawyer, this judge of law and equity and constitution, enlightens this subject, instructs and delights his hearers, by reviving this necessary intelligence, that, when I had the honour of first sitting in this House for Midhurst, I was not full twenty-one years of age ; and all this he does for the honourable purpose of sanctifying the High Bailiff of Westminster, in defrauding the electors of their representation in this House, and...
Page 388 - ... of the church, if needful ; because that, if the repairs were neglected, the Churchwardens were to be cited, and not the parishioners ; and a day was given to shew cause why there should not be a prohibition.
Page 290 - ... being tampered with. But, if an individual can break down any of those safeguards which the Constitution has so wisely and so cautiously erected, by poisoning the minds of the jury at a time when they are called upon to decide, he will stab the administration of justice in its most vital parts.