Rules, Orders, &c. Touching the Forms and Manner of Proceeding in Civil and Criminal Cases, Before the Superior and Inferior Courts of the Colony of the Cape of Good Hope: Together with Certain Ordinances and Acts Relative to Criminal Proceedings in the Said CourtsJ.C. Juta, 1882 - 547 pages |
Common terms and phrases
adhesive stamp admitted to practise advocate affidavit aforesaid agent amend apply appointed arrest attendance attorney bail barristers bill Buch cancelled Cape Town cause charge Chief Justice Circuit Court civil clerk Colony committed copy costs Court of Appeal Court of Resident crime or offence criminal decree default Defendant documents duly duty Eastern Districts Court enrolled enrolled agents entitled examination exceeding execution fees Governor grand jury hereby holden indictment issued judgment jurisdiction jurors liable licence Magistrate's Court manner ment mentioned Menz messenger moveable property notary notice oath Ordinance party peace periodical Court person Plaintiff plead pounds sterling prisoner Privy Council proceedings prosecution prosecutor Puisne Judge R. M. Court Rules record Registrar repealed Resident Magistrate respectively RULES OF COURT SCHEDULE sentence serve Sheriff Simon's Town Stamp Act suit or action summons Supreme Court tariff therein thereof tion trial verdict Vide warrant witness
Popular passages
Page 362 - Statutes," or vice versa, nor for that any Person mentioned in the Indictment is designated by a Name of Office, or other descriptive Appellation, instead of his proper Name, nor for omitting to state the Time at which the Offence was committed in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment, or...
Page 358 - ... in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on such merits, to order such indictment to be amended according to the proof...
Page 357 - WHEREAS offenders frequently escape conviction on their trials by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case...
Page 299 - I AB do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their Majesties King William and Queen Mary: So help me God.
Page 186 - Any party may, without filing any affidavit, apply to the Court or a Judge for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.
Page 184 - When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance.
Page 360 - That if on the trial of any person charged with any felony or misdemeanor it shall appear to the jury upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to...
Page 357 - ... contracts, customs, prescriptions, names, and other matters or circumstances not material to the merits of the case, and by the mis-statement of which the opposite party...
Page 361 - ... valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to some other person, and such part shall have been returned accordingly.(/) Sec.
Page 186 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...