REG. v. GLAMORGANSHIRE JUSTICES:
Justices Appeal from summary conviction- Recognisance entered into too late-Cost of appeal-Appellant's liability for-Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31, sub-sects. 2, 3
False pretences-Intent-Verdict of jury-Inconsistent find- ings-Prisoner found guilty of obtaining food and money by false pretences-Recommendation to mercy because of insufficiency of evidence as to intent to defraud
Indictment-Breach of statutory duty-Specific remedy pro- vided by statute imposing duty-Preparation of voters' lists by overseers-Non-compliance with Registration Acts- Liability of overseers to indictment at common law-Motion to quash indictment-Reform Act, 1832 (2 & 3 Will. 4, c. 45)-Registration Act, 1843 (6 Vict. c. 18), ss. 13, 51, and 97
HARRIS: Embezzlement Servant-Deputy-Employment by overseer of person to collect poor rates and keep books-24 & 25 Vict. c. 96, s. 68
HENLEY (COL.) AND OTHERS (JUSTICES, &C.) AND HUTCHINS: Justices-Disqualification of-Bias-Salmon Fishery Act, 1865 (28 & 29 Vict. c. 121), ss. 27, 61...
HORACE SMITH, ESQ., AND THE AERATED BREAD COMPANY: Summary jurisdiction-Statutory direction to provide and fix weights and scales in baker's shop-Absence of penalty- Proceedings for breach not cognisable in court of summary jurisdiction-3 Geo. 4, c. cvi., s. 8-6 & 7 Will. 4, c. 37, s. 6 735
Manslaughter-Moral obligation and legal duty-Neglect of legal duty-Duty to assist sick and helpless person-Neglect to supply food and medicine
Attempt to murder-Attempt to discharge a loaded arm— Revolver loaded in some of its chambers-Chamber attempted to be discharged unloaded-Failure of attempt "from want of priming or from any other cause "--24 & 25 Vict. c. 100, SS. 14, 19
Larceny-Letters in course of transmission through post- Inducing postman to hand over letters addressed to other persons-Accessory before the fact of theft by postman- 24 & 25 Vict. c. 94, s. 1...
REG. v. LERESCHE AND ANOTHER (Justices of Lancashire) :
Husband and wife-Desertion-Separation deed-Refusal to resume cohabitation-Married Women (Maintenance in Case of Desertion) Act, 1886 (49 & 50 Vict. c. 52), s. 1
LONDON JUSTICES; Ex parte LAMBERT : Justices-Practice-Summary Jurisdiction - Summary trial of adult with consent-Conviction - Appeal to quarter sessions-Right of convicted person to appeal-Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), ss. 12, 19
LUSHINGTON; Ex parte OTTO: Extradition warrant-Alleged stolen articles produced by purchaser of them under Subpoena duces tecum-Power of magistrate to retain articles to send abroad-Application for rule under 11 & 12 Vict. c. 44, s. 5, for delivery up of articles -Extradition Act, 1870 (33 & 34 Vict. c. 52), s. 9—Extradi- tion Amendment Act, 1873 (36 & 37 Vict. c. 60)—Extradition Treaty with France, 1874
Practice Indictment - Receiving goods obtained by false pretences (24 & 25 Vict. c. 96, ss. 88 and 95)-Necessity of setting out specific false pretences
MACKENZIE AND OTHERS: Practice-Form of conviction-Statement of offence-Defect in substance or form-Power of court to amend-Justices- Interest-Bias-Conspiracy and Protection of Property Act, 1875 (38 & 39 Vict. c. 86), s. 7-Summary Jurisdiction Act, 1879-11 & 12 Vict. c. 43, s. 1; 12 & 13 Vict. c. 45, s. 7; 42 & 43 Vict. c. 49, s. 39
MALE AND COOPER : Evidence-Admissibility of confession-Prisoner's answers to constable's questions-Statement of third party read to prisoner-Constable's duty on arrest ...
Evidence-" Unlawful and carnal knowledge "-Necessity for proof of emission as well as of penetration-Criminal Law Amendment Act, 1885-48 & 49 Vict. c. 69, s. 4
MARTIN, ELIZABETH AND JAMES :
Practice Joint indictment-No case against one prisoner- Discharge of such prisoner, when the other elects to give evidence-52 & 53 Vict. c. 44, s. 7
Indictment for unlawful wounding-Special plea of autrefois convict-Conviction for assault before court of summary jurisdiction-Defendant discharged on recognizances for good behaviour-24 & 25 Vict. c. 100, ss. 42 and 45; 42 & 43 Vict. c. 49, s. 16
Practice-Evidence-Admissibility-Murder-Dying declara- tion-Examination by justice of the peace-Statement giving substance of question and answer-Hopeless expectation of immediate death-Deposition under 30 & 31 Vict. c. 35, s. 6 -Increased illness of witness-Stoppage of cross-examina- tion-" Full opportunity of cross-examination "—Admissi- bility as statement in presence of prisoner
MOORE, WILLIAM AND ALICE BROOKS: Evidence-Affirmation-Duty of judge-Conditions precedent to affirmation-Oaths Act, 1888 NEWTON:
Justices' jurisdiction-Disorderly houses-Summary proceedings -Warrant for arrest of person accused-25 Geo. 2, c. 36, ss. 5, 6, and 7-58 Geo. 3, c. 70, s. 7-Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), s. 2-Criminal Law Amend- ment Act, 1885 (48 & 49 Vict. c. 69), s. 13
Arson-Setting fire to dwelling-house, a person being therein— 24 & 25 Vict. c. 97, ss. 2 and 7...
Practice-Indictment under Criminal Law Amendment Act, 1885, for attempting to defile girl under thirteen, and under 24 & 25 Vict. c. 100, for an indecent assault-Conviction for indecent assault-Admissibility of unsworn testimony of girl to support conviction-24 & 25 Vict. c. 100, s. 52-48 & 49 Vict. c. 69, ss. 4, 9
PINK (SIR WM.) AND OTHERS (Justices of Portsmouth) : Vaccination-Justices-Repeated fines-Previous conviction- Fresh order of justices necessary each time-Vaccination Act, 1867 (30 & 31 Vict. c. 84), ss. 29, 31-Vaccination Act, 1871 (34 & 35 Vict. c. 98), s. 11
PREEDY AND OTHERS: Gaming-Illegal betting-" Unlawful user of house or place for the purpose of betting with persons resorting thereto ". "Place"-Person making bets in bar-room of public-house- The Betting Houses Act, 1853 (16 & 17 Vict. c. 119), ss. 1 and 3
Rape Indictment of female-Practice-Joint indictment- Husband and wife-Felony-Separate trial
Practice-Attempt to commit felony-Evidence-Not necessary to show that attempt might have been successful
REG. v. RIPLEY AND REG. v. CAMPION: Practice-Corrupt practices-Prosecution by public prosecutor -Order of election court for trial before another court- Jurisdiction of court to try offence committed in another county-Venue in margin of indictment different from venue in body of indictment-Order for prosecution for a "corrupt practice "Indictment for a number of corrupt practices- Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 28)
Larceny by trick-Sale of horse-Payment of deposit-Agree- ment to pay balance of purchase money on delivery of horse -Deposit received with intention not to deliver horse
SMITH, ERNEST WILLIAM :
Costs of prosecution-Subpoenaing infant witness
Larceny Obtaining money by trick-Purse trick-Pretence of dropping several shillings into purse-Shilling obtained in exchange for purse and its supposed contents
Practice False pretences-Indictment-Necessary averment- Person to whom pretence made-24 & 25 Vict. c. 96, s. 88... 767 STEWARD:
Embezzlement-Clerk or servant-Director of company em- ployed to collect moneys on behalf of company-24 & 25 Vict. c. 96, s. 68
SURREY JUSTICES AND BELL: Practice Appeal to quarter sessions against punishment imposed by conviction by court of summary jurisdiction- Sentence of imprisonment-No appearance by respondent- Jurisdiction of quarter sessions to quash whole conviction.
TANKARD: Practice Indictment - Property Illegal association-Em- bezzlement of moneys received on behalf of illegal club- Beneficial ownership of members-24 & 25 Vict. c. 89, s. 4- 31 & 32 Vict. c. 116, s. 1
Evidence-Admissibility of confession-Inducement held out indirectly-Possibility of advantage to be inferred from language of person in authority
Aiding and abetting-Soliciting and inciting-Offence against Criminal Law Amendment Act, 1885-Criminality of girl under sixteen-48 & 49 Vict. c. 69, s. 5...
Evidence-Manufacture of false evidence--Attempt to pervert due course of justice-Judicial tribunal-Arbitrators-Tam- pering with arbitration samples
Infant-Capacity for committing felony-Presumption of law- Indictment for unlawfully and carnally knowing girl under thirteen-Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), s. 4
YOUNG (SIR F.) AND OTHERS (Justices of the County of London) : Practice Appeal to the Court of Appeal-" Criminal cause or matter "Rule nisi for mandamus to hear summons under the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49)— Discharge of rule nisi by the Queen's Bench Division- Appeal-Judicature Act, 1873, s. 47
RIDGWAY (App.) v. FARNDALE (Resp.):
Vagrancy-Gaming-Betting in a public place-Instrument of gaming "at any game or pretended game of chance"- Vagrancy Act, 1824 (5 Geo. 4, c. 83), s. 4—Vagrancy Act, 1873 (36 & 37 Vict. c. 38), s. 3..
ROBERTS (App.) v. WOODWARD (Resp.):
Sale of coal in sacks-Weighing same on delivery-Representa- tion of weight by seller's servant-Liability of seller-Short weight-Weights and Measures Act, 1889 (52 & 53 Vict. c. 21), s. 29, sub-sects. (1), (2) ...
ROBERTSON AND ANOTHER (Apps.) v. JOHNSON (Resp.):
Fishery Acts-Oysters-Close time-Taken in foreign waters- Relaid in English waters-Storage-Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), s. 4
Practice-Information-Summons-Two offences charged in one summons-Defect only in substance-Summary Jurisdic- tion Act, 1848 (11 & 12 Vict. c. 43), ss. 1, 10-Prevention of Cruelty to Animals Act, 1849 (12 & 13 Vict. c. 42, ss. 3, 14) 474 ROLFE . THOMPSON (Resp.):
Adulteration of food-Submission of sample to public analyst- Division of sample-Half of sample only sent to be analysed Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), ss. 6, 13, 14, 15-Sale of Food and Drugs Act Amendment Act, 1879 (42 & 43 Vict. c. 30), s. 3...
Practice-Appeal-Jurisdiction-"Criminal cause or matter" --Order to abate nuisance-Refusal to state a case-Applica- tion for mandamus-Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 91, 96-Supreme Court of Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 47
« ZurückWeiter » |