A Treatise on the Criminal Law of CanadaHart, 1882 - 588 pages |
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Page 7
... law , they hold that such parts only are in force as are obviously applicable and necessary for them . As respects the common law , adoption forms the rule ; as regards the statute law , the exception . ( v ) In conclusion , we will ...
... law , they hold that such parts only are in force as are obviously applicable and necessary for them . As respects the common law , adoption forms the rule ; as regards the statute law , the exception . ( v ) In conclusion , we will ...
Page 18
... common law pervading the jurisprudence of both Great Britain and the United States , crimes are un- questionably considered local , and cognizable exclusively within the country where they are committed . ( 0 ) Extradition laws are to ...
... common law pervading the jurisprudence of both Great Britain and the United States , crimes are un- questionably considered local , and cognizable exclusively within the country where they are committed . ( 0 ) Extradition laws are to ...
Page 34
... common law technicality than we have thought it ex- pedient to retain , by which many avenues are left open for criminals to escape which we have closed ; ( s ) so that a prisoner is more likely to be acquitted in the United States than ...
... common law technicality than we have thought it ex- pedient to retain , by which many avenues are left open for criminals to escape which we have closed ; ( s ) so that a prisoner is more likely to be acquitted in the United States than ...
Page 36
... common law , and does not extend to proceedings under the Extradition Treaty and statutes . But it has been held in Quebec that a Judge of Sessions , when a prisoner is brought before him on the original warrant of arrest , has power to ...
... common law , and does not extend to proceedings under the Extradition Treaty and statutes . But it has been held in Quebec that a Judge of Sessions , when a prisoner is brought before him on the original warrant of arrest , has power to ...
Page 53
... common law that all crimes are considered local , and cognizable only in the place where they were committed ; ( f ) but this rule has received several modifications by various statutes . By the term crime , in its stricter sense , is ...
... common law that all crimes are considered local , and cognizable only in the place where they were committed ; ( f ) but this rule has received several modifications by various statutes . By the term crime , in its stricter sense , is ...
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Common terms and phrases
accessory acquitted alleged Allen amount apply Arch arrest assault authority bigamy burglary Canada certiorari champerty charge colony committed common law conspiracy constable conviction court held crime criminal Crown defendant defraud Draper duty enactment evidence execution Extradition Act fact false pretences felony forgery grievous bodily harm guilty habeas corpus Hagarty Ibid illegal Imperial indictable offence indictment intent judge jurisdiction jury justice Kerr land larceny latter liable libel license liquor magistrate malice Manitoba manslaughter marriage McIntee ment misdemeanor murder necessary nuisance obstructing obtaining offence officer Ontario owner Parliament party peace penalty perjury person plaintiff Pldg prisoner prisoner's privileged proceedings prosecution prosecutor proved Province provisions public highway Pugsley punishment purpose Quebec received road Robinson Russ selling Smith Stat statute stealing sufficient supra therein tion treaty trial unlawful unlawfully warrant Wilson witness words writ
Popular passages
Page 307 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 197 - ... with force and arms,' or of the occupation or place of residence of the accused, nor by the reason of the disqualification of any grand juror or grand jurors ; and in any indictment for murder or manslaughter it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased...
Page 134 - In Byam v. Collins, 111 NY 143, it is said: 'A libelous communication is regarded as privileged, if made bona fide, upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty...
Page 150 - An eighth offence against the public peace is that of a forcible entry or detainer, which is committed by violently taking or keeping possession of lands and tenements with menaces, force, and arms, and without the authority of law.
Page 82 - ... employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people...
Page 286 - ... applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name.
Page 131 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 124 - England, the law presumes that a person who has not been heard of for seven years is dead...
Page 164 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 358 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but...