The bill of exceptions; being a short account of its origin and nature |
From inside the book
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Page 4
... fact of its having been overruled or disallowed . The reasons for this practice might be , the complete convic- ( d ) 3 Blacks . Comm . 406 . tion at which they had arrived of the utter frivolity 4 BILL OF EXEPTIONS .
... fact of its having been overruled or disallowed . The reasons for this practice might be , the complete convic- ( d ) 3 Blacks . Comm . 406 . tion at which they had arrived of the utter frivolity 4 BILL OF EXEPTIONS .
Page 13
... reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the re- medy , and to suppress subtle inventions and evasions for " continuance of the mischief ...
... reason of the remedy ? And then the office of all the judges is always to make such construction as shall suppress the mischief and advance the re- medy , and to suppress subtle inventions and evasions for " continuance of the mischief ...
Page 20
... reasons - reasons which " bear no hinge , nor loop , to hang a doubt on " -to establish its validity . Upon this subject Lord Coke says , " Albeit the letter of this branch seemeth to extend to the justices of the Common Pleas only by ...
... reasons - reasons which " bear no hinge , nor loop , to hang a doubt on " -to establish its validity . Upon this subject Lord Coke says , " Albeit the letter of this branch seemeth to extend to the justices of the Common Pleas only by ...
Page 22
... reason for extending the bill of exceptions to those Courts their greater liability to error ; and he anticipates the objection that a writ of error does not lie , by adding , and albeit of judgments given in them a writ of error lieth ...
... reason for extending the bill of exceptions to those Courts their greater liability to error ; and he anticipates the objection that a writ of error does not lie , by adding , and albeit of judgments given in them a writ of error lieth ...
Page 23
... reason , had intended the omission , or that it was a casus omissus , and therefore not to be supplied by construction . In one case ( q ) it was resolved , that a bill of exceptions would not lie in the King's Bench upon a trial at bar ...
... reason , had intended the omission , or that it was a casus omissus , and therefore not to be supplied by construction . In one case ( q ) it was resolved , that a bill of exceptions would not lie in the King's Bench upon a trial at bar ...
Common terms and phrases
9 Cl act of parliament action albeit of judgments bill of ex bill of exceptions Bing bound to seal Brownl ceptions commanding common law Common Pleas construction course Court of Common Court of error Cowp demurrer deny his seal enactment error in law error lieth evidence greater mischief grievance Hardw Holt Hutchinson implead Inhabitants of Preston injury Inst judge refuses judgments given Kemmis King's Bench legislature Lessee of Lawlor liability Lord Coke Lord Hardwicke lordship Lutw ment mode of enforcing mode of tendering overruled or disallowed party grieved petition plaintiff plaintiff in error pleaded prays the justices pro bono publico proceedings are according put their seals Reeves's Hist refused to seal seal a bill seal the bill Show statute doth extend statute of Westm statute of Westminster statute was passed Strother temp tender a bill Tindal tion trial by jury ubi supra Unfree Merchants writ of error
Popular passages
Page 13 - Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st.
Page 24 - The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.
Page 3 - During this oral altercation a contemporaneous official minute in writing was drawn up by one of the officers of the court, on a parchment roll, containing a transcript of all the different allegations of fact to the issue inclusive. And, in addition to this, it comprised a short notice of the nature of the action, the time of the appearance of the parties in court, and the acts of the court itself during the progress of the pleading. These chiefly consisted of what were called the
Page 13 - And it was resolved by them, that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: 1st.
Page 10 - Justice shall be commanded to appear at a certain day. either to confess or deny his seal, and if he cannot deny his seal, they shall proceed to judgment according to the exception, as it ought to be allowed or disallowed.
Page 50 - ... by due process of law: and by another statute made in the two-and-fortieth year of the reign of the said King Edward the Third, it is enacted that no man be put to answer without presentment before Justices or matter of record, or by due process and writ original according to the old law of the land...
Page 51 - ... duty (with regard to their offices and in conscience to the oaths they have taken) to crave the benefit of defending themselves touching the matter complained of by the petitioners, by the due and known course of the common law; and to rely upon the aforesaid statutes and the common right they have of free-born people of England, in bar of the petitioners' any further proceeding upon the said petition, and humbly pray to be dismissed from the same.
Page 48 - Examination or Consideration, not being any more triable by your 'Lordships than every Information or Action for Breach of any Statute Law is: all which Matters are by the Common Law, and Justice of the Land, of Common Right to be tried by a Jury. And the Petition is wholly of a new Nature, and without any Example or Precedent, being to compel Judges, who are by the Law of the Land to...
Page 43 - Every subject for injury done to him in bonis, in terris vel persona, by any other subject, be he ecclesiastical or temporal, without any exception, may take his remedy by the course of the law, and have justice and right for the injury done him, freely without sale, fully without denial, and speedily without delay.
Page 49 - And it is further manifest that this complaint is utterly improper for your lordships' examination, for that your lordships cannot 2 IS*] ğapply the proper and only remedy which the law hath given the party in this case, which is by awarding damages to the party injured (if any injury be done), for these are only to be assessed by a jury. And they, these respondents, are so far from apprehending they have done any wrong to the petitioners in this matter, that they humbly offer, with your lordships...