Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly Founded on Blackstone.)Butterworths, 1874 - Law |
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Page 6
... party beaten , may also have his private remedy by action of trespass , for the injury which he in particular sustains ; and recover a civil satisfaction in damages . So also in case of a public nuisance , as digging a ditch across a ...
... party beaten , may also have his private remedy by action of trespass , for the injury which he in particular sustains ; and recover a civil satisfaction in damages . So also in case of a public nuisance , as digging a ditch across a ...
Page 13
... party injuring of the power to do future mischief ; which is effected by either putting him to death , or condemning him to per- petual confinement , slavery or exile . The same one end of preventing future crimes , is endeavoured to be ...
... party injuring of the power to do future mischief ; which is effected by either putting him to death , or condemning him to per- petual confinement , slavery or exile . The same one end of preventing future crimes , is endeavoured to be ...
Page 30
... party stands excused from all guilt ( d ) . ] But if a man , by doing any- thing unlawful , ( at least if it be malum in se , and not merely malum prohibitum , ) or by doing anything lawful but without due caution , -produce a ...
... party stands excused from all guilt ( d ) . ] But if a man , by doing any- thing unlawful , ( at least if it be malum in se , and not merely malum prohibitum , ) or by doing anything lawful but without due caution , -produce a ...
Page 35
... party himself who pleads them . In this country , espe- cially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient pro- vision is made for the poor , that it is impossible that the ...
... party himself who pleads them . In this country , espe- cially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient pro- vision is made for the poor , that it is impossible that the ...
Page 39
... party offending is guilty of murder as a principal , in the first degree . For he cannot be called an accessory , that necessarily pre- supposing a principal ; and the poison , the pitfall , the beast , or the madman , cannot be held ...
... party offending is guilty of murder as a principal , in the first degree . For he cannot be called an accessory , that necessarily pre- supposing a principal ; and the poison , the pitfall , the beast , or the madman , cannot be held ...
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Common terms and phrases
25 Vict according actual afterwards amount antient appear assault attempt authority Blackstone called capital cause charged civil coin committed common law considered conviction court crime criminal Crown death enacted England evidence exceeding excuse execution extent fact false felony five force forfeiture give given guilty Hale hard labour Hawk held imprisonment indictment inflicted Inst intent judge judgment jurisdiction jury justice kill king king's kingdom lands larceny less liable Lord manner means ment mentioned misdemeanor murder nature observed offence officer otherwise parliament particular party peace penal servitude penalties person present principal prisoner proceedings prosecution provisions punishment Queen receive reference regard reign relating repealed respect Sect sentence species statute stealing taken term thing tion treason trial unlawful Vide sup
Popular passages
Page 263 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 212 - To deny the possibility, nay, actual existence, of witchcraft and sorcery is at once flatly to contradict the revealed word of God, in various passages both of the Old and New Testament : and the thing itself is a truth to which every nation in the world hath in its turn borne testimony, either by examples seemingly well attested or by prohibitory laws; which at least suppose the possibility of commerce with evil spirits.
Page 238 - Eli/. с. 2, to be punished by six months' imprisonment, and treble damages to the party injured. 12. Maintenance is an offence that bears a near relation to the former; being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it: (u) a practice that was greatly encouraged by the first introduction of uses.
Page 85 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor...
Page 383 - Law of the Land. IV. And in the eight and twentieth Year of the Reign of King Edward the Third, it was declared and enacted by Authority of Parliament, That no Man of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to Death, without being brought to answer by due Process of Law : V.
Page 21 - All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete...
Page 159 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm...
Page 149 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 127 - ... the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear...
Page 136 - Whosoever, being a director, manager, or public officer of any body corporate or public company shall make, circulate, or publish, or concur in making, circulating, or publishing, any written statement or account which he shall know to be false in any material particular...