A Treatise on Criminal Law as Applicable to the Dominion of Canada |
From inside the book
Results 1-5 of 84
Page 31
... magistrate or stipendiary magistrate in Canada , or any judge of the sessions of the peace in the Province of Quebec , or any inspector and superin- tendent of police empowered to act as a justice of the peace in the Province of Quebec ...
... magistrate or stipendiary magistrate in Canada , or any judge of the sessions of the peace in the Province of Quebec , or any inspector and superin- tendent of police empowered to act as a justice of the peace in the Province of Quebec ...
Page 39
... ; the St. Alban's Raid 454 , per Smith , J. ( b ) 1 U. C. L. J. N. S. 20 and 34 . ( c ) Re R. B. Caldwell , 6 C. L. J. N. S. , 227 , 5 U. C. P. R. 217 . When application is made to a Magistrate for a warrant EXTRADITION . 39.
... ; the St. Alban's Raid 454 , per Smith , J. ( b ) 1 U. C. L. J. N. S. 20 and 34 . ( c ) Re R. B. Caldwell , 6 C. L. J. N. S. , 227 , 5 U. C. P. R. 217 . When application is made to a Magistrate for a warrant EXTRADITION . 39.
Page 40
... Magistrate , in respect of a crime com- mitted in the United States , by way of arresting or com- mitting the accused to prison , would be coram non judice , and upon Habeas Corpus the prisoner would be entitled to his discharge . The ...
... Magistrate , in respect of a crime com- mitted in the United States , by way of arresting or com- mitting the accused to prison , would be coram non judice , and upon Habeas Corpus the prisoner would be entitled to his discharge . The ...
Page 41
... Magistrate to act under the Treaty , the powers which the appointment confers , and also that they are not affected by the circumstance that another Magistrate has , after hearing evidence , etc. , discharged the fugitive : - The ...
... Magistrate to act under the Treaty , the powers which the appointment confers , and also that they are not affected by the circumstance that another Magistrate has , after hearing evidence , etc. , discharged the fugitive : - The ...
Page 42
... Magistrate for all these Counties , naming them in full , and the warrant of commitment as Police Magistrate for the County of Essex , amongst other Counties ap- pointed under and by virtue of the above Act ( but no commission ...
... Magistrate for all these Counties , naming them in full , and the warrant of commitment as Police Magistrate for the County of Essex , amongst other Counties ap- pointed under and by virtue of the above Act ( but no commission ...
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Common terms and phrases
acquitted Act of Parliament affidavit alleged Allen Anderson appeared apply Arch arrest assault authority bigamy Canada certiorari champerty charge clerk committed common law conspiracy conviction County Court crime criminal Crown Dears defendant defraud Draper duty Edward Mullany embezzlement enactment evidence extradition fact false pretences felony forgery fraudulently grievous bodily harm ground guilty Habeas Corpus Hagarty held highway illegal indictable offence indictment intent Judge jurisdiction jury Justice land larceny liable libel license liquor Magistrate malice manslaughter marriage matter ment misdemeanor murder necessary nuisance oath obtaining offence Ontario owner party peace penalty perjury person plaintiff Pldg prisoner prisoner's proceedings prosecution prosecutor proved Province provisions punishment purpose Quarter Sessions quashed received road Robinson Russ servant shew Stats Statute stealing sufficient supra tion Treaty trial unlawful unlawfully verdict warrant Wilson witness words
Popular passages
Page 115 - ... employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people...
Page 387 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 167 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Page 229 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 280 - The result of these authorities is that the rule of law on this subject seems to be that if a man finds goods that have been actually lost, or are reasonably supposed by him to have been lost, and appropriates them, with intent to take the entire dominion over them, really believing, when he takes them, that the owner can not be found, it is not larceny.
Page 160 - A communication made bona fide upon any subject-matter in which the party communicating has an interest, or In reference to which he had a duty to perform, is privileged, if made to a person having a corresponding interest or duty, although it contain criminatory matter which, without this privilege, would be slanderous and actionable.
Page 317 - ... to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved...
Page 198 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 246 - There Is a marked distinction between an act done for the purpose of protecting the property by preventing a felony or of recovering It back and an act done for the purpose of punishing the offender for that which has already been done.
Page 166 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.