A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Volume 1 |
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Page 2
... further , it will be convenient , first , to consider what matters the Courts will of themselves notice without proof , and next to offer a few observations respecting the functions of the judge , as distinguished from those of the jury ...
... further , it will be convenient , first , to consider what matters the Courts will of themselves notice without proof , and next to offer a few observations respecting the functions of the judge , as distinguished from those of the jury ...
Page 7
... further enacts , that if any collision ensues from breach of the above rules , the owner infringing the rule shall not be entitled to recover , unless it be proved that circumstances " made a departure from the rule necessary ; and ...
... further enacts , that if any collision ensues from breach of the above rules , the owner infringing the rule shall not be entitled to recover , unless it be proved that circumstances " made a departure from the rule necessary ; and ...
Page 9
... further proof , all and every of such writs , proceedings , instru- ments , documents , and writings whatsoever , which shall purport or appear to be sealed or stamped with the said Chancery Common Law Seal for the time being , in like ...
... further proof , all and every of such writs , proceedings , instru- ments , documents , and writings whatsoever , which shall purport or appear to be sealed or stamped with the said Chancery Common Law Seal for the time being , in like ...
Page 10
... further proof thereof . " 2 20 & 21 Vict . , c . 79 , § 27 , Ir . , contains an enactment precisely similar to that recited in the last preceding note . 3 12 & 13 Vict . , c . 106 , § 237 , enacts , that " all courts , judges , justices ...
... further proof thereof . " 2 20 & 21 Vict . , c . 79 , § 27 , Ir . , contains an enactment precisely similar to that recited in the last preceding note . 3 12 & 13 Vict . , c . 106 , § 237 , enacts , that " all courts , judges , justices ...
Page 11
... further proof thereof ; and no such rule , order , or regulation , or copy thereof , shall be valid , or have any force or effect , unless the same shall be sealed or stamped as aforesaid . ” See 10 & 11 Vict . , c . 109 , § 5 ; 1 & 2 ...
... further proof thereof ; and no such rule , order , or regulation , or copy thereof , shall be valid , or have any force or effect , unless the same shall be sealed or stamped as aforesaid . ” See 10 & 11 Vict . , c . 109 , § 5 ; 1 & 2 ...
Common terms and phrases
16 Vict 20 Vict action admissible admitted Alderson alleged amendment appear Att.-Gen Bayley bill Bing Brown Camp cause Chancery charge circumstances cited Clark Common Law Common Pleas confession contract Court held Court of Chancery Courts of Equity criminal Davies deceased declaration declarations against interest deed defendant defendant's depositions document Dowl East enacts entries estoppel examination Exchequer fact indictment indorsed Ireland issue Jackson Jones judge judicial notice jury justice London Lord Brougham Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius Parke party Patteson payment Peer person plaintiff pleaded presumed presumption primâ facie prisoner proceedings produce proof proved purporting question Rail received in evidence recognised rejected render Reports respect rule Scott seal secondary evidence Smith Stark statement statute sufficient Taylor tenant testimony Tindal trial vols Williams witness
Popular passages
Page 54 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Page 604 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 581 - that they are declarations made in extremity when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth...
Page 684 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 119 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 417 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or writing of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...
Page 229 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 726 - ... and whatever the prisoner shall then say in answer thereto shall be taken down in writing and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the Justice or Justices purporting to sign...
Page 91 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 188 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...