A Treatise on Crimes and Indictable Misdemeanors, Volume 1 |
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Page 26
... statute , which is so penal , it shall be extended only to such as really and actually made the thrust ; not to those who in construction of law only may be said to make it . ( r ) So in a case upon the statute 39 Eliz . c . 15 ...
... statute , which is so penal , it shall be extended only to such as really and actually made the thrust ; not to those who in construction of law only may be said to make it . ( r ) So in a case upon the statute 39 Eliz . c . 15 ...
Page 32
... statute excluding the principals thereby exclude the accessories . ( 1 ) And if a statute takes away clergy from accessories , and a subsequent statute makes accessories persons who were not so before , the latter shall have their ...
... statute excluding the principals thereby exclude the accessories . ( 1 ) And if a statute takes away clergy from accessories , and a subsequent statute makes accessories persons who were not so before , the latter shall have their ...
Page 36
... statute of Elizabeth ( p ) has taken away clergy as well from the accessory after as before the fact . But this statute extends only to such persons as were in judgment of law accessories at the time the act was made , namely ...
... statute of Elizabeth ( p ) has taken away clergy as well from the accessory after as before the fact . But this statute extends only to such persons as were in judgment of law accessories at the time the act was made , namely ...
Page 42
... statute cre- ate a felony . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to have been long used to ...
... statute cre- ate a felony . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to have been long used to ...
Page 43
... statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it should also be observed , that where a statute makes a second offence ...
... statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it should also be observed , that where a statute makes a second offence ...
Contents
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Common terms and phrases
accessory acquitted act of parliament adjudged affray aforesaid aiders appear arrest assault assizes Bayley benefit of clergy Blac bridge certiorari charged child coin committed common law constable convicted counterfeit court crime custody death deemed defendant East Eliz escape evidence execution fact forcible entry Fost gaol guilty of felony Hale Hawk held high treason highway holden husband imprisonment indictable offence indictment Inst intent Judges judgment jury justice justice of peace killed King's Bench Leach liable libel Lord Lord Ellenborough Majesty's malice manslaughter marriage ment misdemeanor murder nuisance offence officer Old Bailey opinion parish party peace person or persons present principal prisoner proceeding procure prosecution prosecutor provisions punishment quarter sessions Raym realm repair repealed Russ section enacts servant shew shillings silver statute Stealing sufficient thereof tion transportation treason trial tried unlawful uttering warrant wife words
Popular passages
Page l - ... purporting to be signed by the Clerk of the Court or other Officer having the custody of the Records of the Court where the offender was first convicted, or by the Deputy of such Clerk or Officer...
Page 92 - ... part of any province or people, or in the service of or for or under or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of...
Page 93 - Service, for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People...
Page 93 - ... any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people...
Page 94 - Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid...
Page ix - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years...
Page xxxiii - Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned, with or without hard Labour, for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such Imprisonment.
Page lxxiv - Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon.
Page l - Statute shall be understood to include several Matters as well as One Matter, and several Persons as well as One Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction...
Page xxxv - If any person being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony...