The Provincial Justice, Or Magistrate's Manual: Being a Complete Digest of the Criminal Law of Canada, and a Compendious and General View of the Provincial Law of Upper Canada: with Practical Forms, for the Use of the Magistracy |
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Page 8
... jury by their verdict shall find and direct . - See post title " Luel . " ACQUITTAL . And see - AUTREFOIS ACQUIT . An Acquittal is the deliverance and setting free of the accused from the imputation of guilt ; as when a prisoner is ...
... jury by their verdict shall find and direct . - See post title " Luel . " ACQUITTAL . And see - AUTREFOIS ACQUIT . An Acquittal is the deliverance and setting free of the accused from the imputation of guilt ; as when a prisoner is ...
Page 9
... jury shall give a verdict for the defendant , notwithstanding any defect of jurisdiction of the Justice ; and if such action be brought jointly against the Justice and Constable , & c . , on proof of such warrant the jury shall find for ...
... jury shall give a verdict for the defendant , notwithstanding any defect of jurisdiction of the Justice ; and if such action be brought jointly against the Justice and Constable , & c . , on proof of such warrant the jury shall find for ...
Page 21
... jury should be one half foreigners , if so many are found in the place ; but this privilege does not hold in treason , since aliens are holden to be not the proper judges of what is a breach of the allegiance due to a British Sovereign ...
... jury should be one half foreigners , if so many are found in the place ; but this privilege does not hold in treason , since aliens are holden to be not the proper judges of what is a breach of the allegiance due to a British Sovereign ...
Page 27
... jury to try the matter on which such decision may have been made , and administer to such jury the following oath : " You do solemnly swear that you will well and truly try the matter of the complaint of Ċ D. against E. F. , and a true ...
... jury to try the matter on which such decision may have been made , and administer to such jury the following oath : " You do solemnly swear that you will well and truly try the matter of the complaint of Ċ D. against E. F. , and a true ...
Page 45
... jury for the trial of such person accordingly . § 15. If any person , being arraigned upon or charged with any indictment or information for treason , felony , piracy or misdemeanor , shall stand mute of malice , or will not answer ...
... jury for the trial of such person accordingly . § 15. If any person , being arraigned upon or charged with any indictment or information for treason , felony , piracy or misdemeanor , shall stand mute of malice , or will not answer ...
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Common terms and phrases
appear appoint authorised by-laws calendar months cause certificate certiorari charge chattels clerk committed common gaol common law constable coroner corporation costs council county aforesaid court custody default defendant deliver deputy discharge distrained distress district duty election enacted esquire evidence execution felo de se forfeit Governor guilty of felony hand and seal hath house of correction imprisonment indictment inspector issue judge judgment jurors jury keeper King's lady the Queen lands larceny levied liable license Lower Canada magistrate Majesty's justices misdemeanor municipal oath offence paid party payment peace penalty penitentiary perjury person poll clerk prisoner prosecution province province of Canada punishable quarter sessions receive recognizance returning officer sheriff sovereign lady statute summons sureties sworn term not exceeding therein tion town township unlawfully unless Upper Canada warrant writ writ of election yeoman
Popular passages
Page 10 - Trial to be had thereupon ; and no Plaintiff shall recover in any such Action, if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant...
Page 144 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 323 - ... upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 62 - Peace, conditioned personally to appear at the said Sessions and to try such Appeal, and to abide the Judgment of the...
Page 26 - I AB do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their Majesties King William and Queen Mary: So help me God.
Page 652 - Lady his Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm...
Page 652 - When a Man doth compass or imagine the Death of our Lord the King, or of our Lady his Queen, or of their eldest Son and Heir...
Page 1 - Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanor...
Page 588 - Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of king George, for preventing tumults and riotous assemblies. God save the king.
Page 461 - V. c. 26, § 24, if any person shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no remedy or punishment is hereinbefore provided...