A Treatise of the Pleas of the Crown: Or, A System of the Principal Matters Relating to that Subject, Digested Under Proper Heads, Volume 2S. Sweet, 1824 - Pleas of the crown |
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Page xxxv
... shew the nature of criminal offences , I am now to shew , in what manner the offenders are to be brought to punishment . In order hereto , I shall consider the nature of the courts which have jurisdiction over such offences , and in ...
... shew the nature of criminal offences , I am now to shew , in what manner the offenders are to be brought to punishment . In order hereto , I shall consider the nature of the courts which have jurisdiction over such offences , and in ...
Page 28
... shew in this place , the purport of the most usual commission of gaol - delivery , which is a patent in nature of a For the form of letter from the king to certain persons , appointing them his jus- the commission tices , or two or ...
... shew in this place , the purport of the most usual commission of gaol - delivery , which is a patent in nature of a For the form of letter from the king to certain persons , appointing them his jus- the commission tices , or two or ...
Page 60
... shew the regularity ( 10 ) If a justice of peace make a warrant in a case which is plainly out of his jurisdiction , such warrant is no justification to a constable . 1 Stra . 711. Wood , b . 1. c . 7. 2 Stra . 1002. But if of the ...
... shew the regularity ( 10 ) If a justice of peace make a warrant in a case which is plainly out of his jurisdiction , such warrant is no justification to a constable . 1 Stra . 711. Wood , b . 1. c . 7. 2 Stra . 1002. But if of the ...
Page 67
... shew an ( a ) Rex v . Car- appointment to hear and determine . ( a ) ter , 1 Stra . 444 . + Sect . 25. If a statute give jurisdiction to the court of quar- Rex v . Justices ter sessions , and a proceeding be regularly commenced on such ...
... shew an ( a ) Rex v . Car- appointment to hear and determine . ( a ) ter , 1 Stra . 444 . + Sect . 25. If a statute give jurisdiction to the court of quar- Rex v . Justices ter sessions , and a proceeding be regularly commenced on such ...
Page 96
... shew the names of the presentors and afferors ; yet I cannot find this done in any of ( b ) Rastal's precedents ; and some have said , that it is necessary to set forth the names of the presentors in an action of debt , but not in ...
... shew the names of the presentors and afferors ; yet I cannot find this done in any of ( b ) Rastal's precedents ; and some have said , that it is necessary to set forth the names of the presentors in an action of debt , but not in ...
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Common terms and phrases
66 Sect accessary acquittal action aforesaid agreed appellee arraigned arrest Assize attainted awarded bail benefit of clergy certiorari clergy Coke commission committed common law constable convicted Corone court of king's court-leet crime Dalt death defendant doth Dyer Eliz enacted escape expressly felony forfeited gaol gaol-delivery granted Hale high treason holden imprisoned indictment or appeal inquest Inst judges judgment jurisdiction jurors jury justices of peace Keble king king's bench larceny leet lord manner ment murder offence outlawry oyer and terminer pardon party person or persons plaintiff plea pleaded principal prisoner prosecution punishment qui tam Rastal Salkeld seems sessions sheriff shew shewn standing mute statute statute of Westminster suit Summary taken Term Rep thereof tion treason or felony trial verdict Vide sup warrant whatsoever wherein words writ
Popular passages
Page 350 - ... within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and the islands of Jersey or Guernsey; any law or usage to the contrary notwithstanding.
Page 44 - ... to the true intent and meaning " of an act of parliament made in the eighteenth year of the reign " of his majesty King George the Second, intituled, an act to " amend and render more effectual an act passed in the fifth year *' of his present majesty's reign, intituled, an act for the further " qualification of justices of the peace...
Page 128 - And if they will not obey the arrest, they shall levy hue and cry upon them, and such as keep the town shall follow with hue and cry with all the town and the towns near, and so hue and cry shall be made from town to town, until that they be taken and delivered to the sheriff as before is said ; and for the arrestments of such strangers none shall be punished.
Page 59 - ... in any such action, by leave of the Court where such action shall depend, at any time before issue joined, to pay into Court such sum of money as he shall...
Page 69 - ... to appeal to the next general or quarter sessions of the peace for the county, riding, division...
Page 78 - Likewise it is to be inquired who were culpable, either of the act or of the force ; and who were present, either men or women, and of what age soever they be (if they can speak, or have any discretion). And how many soever be found culpable by inquisition, in any the manners aforesaid, they shall be taken and delivered to the Sheriff, and shall be committed to the gaol; and such as be founden, and be not culpable, shall be attached until the coming of (c) Rex v.
Page 60 - ... proving such warrant at the trial of such action the jury shall give their verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in such justice or justices; and...
Page 41 - England shall be assigned for the keeping of the Peace, one Lord, and with him three or four of the most worthy in the County, with some learned in the Law...
Page xxxi - ... being legally convicted thereof, shall be liable to be " transported for any term not exceeding seven years, or to be " punished by imprisonment not exceeding two years, at the dis" cretion of the court in which such conviction shall be had...
Page 12 - To the constable it pertaineth to have cogni" zance of contracts touching deeds of arms and of war out of " the realm, and also of things that touch war within the realm " which cannot be determined nor discussed by the common law...