A Treatise on Criminal Law as Applicable to the Dominion of Canada |
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Page 3
... fact that no Imperial Legislation has taken place with reference to these Provinces seems to strengthen this view , for in the case of a settled colony the Crown cannot alter or impose laws or otherwise interfere in the legislation of ...
... fact that no Imperial Legislation has taken place with reference to these Provinces seems to strengthen this view , for in the case of a settled colony the Crown cannot alter or impose laws or otherwise interfere in the legislation of ...
Page 10
... fact , a consideration of the English parliamentary law prevailing in the colonies . Under s . 18 , taken in con- nection with the 31 Vic . c . 23 , the Senate , House of Com- mons , and the members thereof respectively , now hold ...
... fact , a consideration of the English parliamentary law prevailing in the colonies . Under s . 18 , taken in con- nection with the 31 Vic . c . 23 , the Senate , House of Com- mons , and the members thereof respectively , now hold ...
Page 12
... fact that the Imperial Parliament has , by s . 18 of the Act above referred to , empowered the former to define their privileges and immunities , while no such authority has been conferred on the latter . When the Imperial authorities ...
... fact that the Imperial Parliament has , by s . 18 of the Act above referred to , empowered the former to define their privileges and immunities , while no such authority has been conferred on the latter . When the Imperial authorities ...
Page 36
... fact ( if it should be so ) that there was no apparent necessity to inflict death in order to escape . ( a ) There are several decisions in our own courts as to the particular offences covered by the Treaty . Among the earliest and most ...
... fact ( if it should be so ) that there was no apparent necessity to inflict death in order to escape . ( a ) There are several decisions in our own courts as to the particular offences covered by the Treaty . Among the earliest and most ...
Page 47
... fact that the person is charged with piracy com- mitted in the foreign country ought not to prevent the Governor from surrendering him on the charge made and proved in this country . But if the charge in this country is robbery , and ...
... fact that the person is charged with piracy com- mitted in the foreign country ought not to prevent the Governor from surrendering him on the charge made and proved in this country . But if the charge in this country is robbery , and ...
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Common terms and phrases
accused acquitted affidavit alleged Allen Anderson appear apply Arch arrest assault authority bail bigamy Canada certiorari champerty charge Clerk colony common law constable conviction County Court crime criminal Crown custody defendant discharged Draper duty embezzlement evidence fact false pretences felony ground guilty Habeas Corpus Hagarty held highway illegal imprisonment indictable offence indictment intent issue Judge judgment jurisdiction jurors jury Justice larceny liable libel liquor Lower Canada Magistrate malice marriage matter ment misdemeanor murder necessary nuisance oath obtained offence officer Ontario owner Oyer and Terminer P. C. App party Peace penalty perjury person plaintiff Pldg prisoner prisoner's proceedings prosecution prosecutor proved Province punishment Quarter Sessions quashed Queen's Bench received Robinson rule Russ shew shewn Stats Statute stealing sufficient supra tion Treaty trial unlawful verdict Wilson witness words writ writ of certiorari
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 399 - 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 241 - 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 290 - That the Distinction between Grand Larceny and Petty Larceny shall be abolished, and every Larceny, whatever be the Value of the Property stolen, shall be deemed to be of the same Nature, and shall be subject to the same Incidents in all respects as Grand Larceny was before the Commencement of this Act...
Page 292 - 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 462 - ... such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 174 - 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 329 - ... 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 212 - ... 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 258 - 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.