 | Great Britain. Court of King's Bench - 1842 - 812 pages
...inquiry. In this sense, therefore, and for this purpose, it is true that affidavits are receivable. But, where a charge has been well laid before a magistrate,...may be that the offence has not been committed, and so that the case in one sense was not within the jurisdiction. Now to receive affidavits for the purpose... | |
 | Sir William Hodges - 1847 - 1160 pages
...inquiry. In this sense, therefore, and for this pur[«se, it is true that affidavits are receivable. But, where a charge has been well laid before a magistrate,...jurisdiction ; but, in the course of the inquiry, evidence hcing offered for and against the charge, the proper, or, it may be, the irresistible conclusion to... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 804 pages
...The conviction would be bad on the face of the proceedings, all being returned before us. * * * But, where a charge has been well laid before a magistrate,...irresistible, conclusion to be drawn may be that the offense has not been committed, and so that the case, in one sense, was not within the jurisdiction.... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1868 - 1016 pages
...the Court, in a consiTho QUEEN dered judgment, said, p. 73, " Where a charge has been ALLEN we ll la^ Before a magistrate, on its face bringing itself within...may be that the offence has not been committed, and so that the case in one sense was not within the jurisdiction. Now to receive affidavits for the purpose... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1868 - 1028 pages
...Court, in a consiThe QCEEH dered judgment, said, p. 73, " Where a charge has been ALLEN we^ ^a'^ uef°re a magistrate, on its face bringing itself within his...may be that the offence has not been committed, and to that the case in one sense was not within the jurisdiction. Now to receive affidavits for the purpose... | |
 | Louis Arthur Goodeve - 1872 - 644 pages
...paragraph, with regard to the objection of want of jurisdiction, he says : — " But where a charge lias been well laid before a Magistrate, on its face bringing...within his jurisdiction, he is bound to commence the enquiry : in so doing he undoubtedly acts within his jurisdiction : but in the course of the enquiry,... | |
 | Charles Greenstreet Addison - 1876 - 762 pages
...we cannot get at the want of jurisdiction but by affidavits, of necessity we must receive them. But where a charge has been well laid before a magistrate,...offered for and against the charge, the proper, or the irresistible, conclusion to be drawn, may be that the offence has not been committed, and so that... | |
 | Charles Greenstreet Addison - 1876 - 996 pages
...we can not get at the want of jurisdiction but by affidavits, of necessity we must receive them. But where a charge has been well laid before a magistrate,...offered for and against the charge, the proper, or the irresistible, conclusion to be drawn may be that the offense has not been committed, and so that... | |
 | India. High Court (Kolkata, India) - 1899 - 666 pages
...sense, therefore, and for this purpose, it is true FlBLD. Jthat affidavits are receivable." " But, where a charge has been well laid before a Magistrate,...acts within his jurisdiction, but in the course of fhe enquiry, evidence being offered for and against the charge, the proper, or it may be irresistible,... | |
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But, where a charge has been well laid before a magistrate, on its face bringing itself within his jurisdiction, he is bound to commence the inquiry: in so doing he undoubtedly acts within his jurisdiction : but in the course of the inquiry, evidence... 
