Reports of Cases Before the High Court and Circuit Courts of Justiciary in Scotland: From June 1852 [-1867], Volumen5T. & T. Clark, 1868 |
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Página 20
... fact of contravention of the Statute being established to the magistrate's satisfac- tion , the statutory penalty falls to be enforced against the party , to an extent proportioned to the circumstances of the case . The Legislature ...
... fact of contravention of the Statute being established to the magistrate's satisfac- tion , the statutory penalty falls to be enforced against the party , to an extent proportioned to the circumstances of the case . The Legislature ...
Página 21
... facts charged against the accused have been sufficiently established , his judgment is final , and we cannot possibly review it on the merits . The second objection taken to this conviction intro- duces an important qualification of the ...
... facts charged against the accused have been sufficiently established , his judgment is final , and we cannot possibly review it on the merits . The second objection taken to this conviction intro- duces an important qualification of the ...
Página 32
... fact , and nothing is to be done on that finding . Of course a Judge , if he is going to impose a penalty , may make any finding that leads to that result . But it is not within the province of any Court , especially one of criminal ...
... fact , and nothing is to be done on that finding . Of course a Judge , if he is going to impose a penalty , may make any finding that leads to that result . But it is not within the province of any Court , especially one of criminal ...
Página 33
... fact . The verdict of a jury , I think , can never in itself exhaust a cause , but must be followed by the sentence of the Judge inflicting some punishment , though I will not say whether , in some common - law offences , an admonition ...
... fact . The verdict of a jury , I think , can never in itself exhaust a cause , but must be followed by the sentence of the Judge inflicting some punishment , though I will not say whether , in some common - law offences , an admonition ...
Página 37
... facts proved in evidence , avoid convict- ing of the contravention , or avoid declaring the statutory forfeiture . The law must trust something to the dis- cretion of the magistrate , and , in the exercise of that Gardner Jan. 9 . No. 3 ...
... facts proved in evidence , avoid convict- ing of the contravention , or avoid declaring the statutory forfeiture . The law must trust something to the dis- cretion of the magistrate , and , in the exercise of that Gardner Jan. 9 . No. 3 ...
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Términos y frases comunes
accused aconite Act of Parliament adjournment aforesaid alleged antimony appeal April ARDMILLAN assault bottle carriages charge Circuit Court competent complaint concur contained contravention conviction Court of Justiciary crime culpable homicide death Dundee Edinburgh Edward Edward W evidence fish Glasgow Glasgow Police Act ground guilty hackney carriages High Court imprisonment incompetent indictment Irvine James JERVISWOODE John judgment July June jurisdiction jury Justices libelled LORD JERVISWOODE LORD JUSTICE-CLERK LORD JUSTICE-GENERAL LORD NEAVES LORDS COWAN Lordship magistrate Mary M'Leod ment Murder NEAVES Nuisances Removal oath objection offence opinion panel party Patterson penalty person Police premises present prisoner Pritchard proceedings Procurator-Fiscal prosecution prosecutor unknown provisions Quarter Sessions question relevant respondent salmon Scotland sentence Sept Sheriff statute statutory Summary Procedure Act Suspension taken tapioca Taylor theft thereof Thomson tion trial Tweed Fisheries Act verdict warrant wickedly and feloniously witness
Pasajes populares
Página 265 - ... injury, damage, harm, or loss, or in any other manner practise intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede...
Página 377 - ... felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of...
Página 444 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...
Página 534 - ... then (upon proof of the due service of the summons by delivering a copy thereof to the party, or by delivering such copy at the party's usual place of abode to some inmate thereat, and explaining the purport thereof to such inmate...
Página 534 - Summons, and, if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person, by delivering the same to him personally, or by leaving the same at his usual Place of Abode) the Justice may either proceed to hear and determine the...
Página 50 - WHITTLE hath been guilty of any other misconduct or misdemeanor as aforesaid, it shall and may be lawful for such justice to commit every such person to the house of correction, there to remain and be held to hard labour for a reasonable time, not exceeding three months...
Página 534 - That the Prosecution for every Offence punishable upon summary Conviction by virtue of this Act shall be commenced within Three Calendar Months after the Commission of the Offence; and that where any Person shall be charged on the Oath of a credible Witness with any such Offence before a Justice of the Peace, the Justice may summon the Party charged to appear...
Página 420 - ... sessions are hereby authorized and required to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable, to be paid by either party...
Página 511 - ... to the high court of justiciary at Edinburgh, in the manner and under the rules, limitations, and conditions contained in an act passed in the twentieth year of the reign of his majesty king George the second, intituled "An Act for taking away and abolishing heritable jurisdictions in Scotland...
Página 207 - ... and to deliver up before leaving the Company's premises, upon demand to the guard or other servant of the Company duly authorized to collect tickets.