Canadian Criminal Cases Annotated Volume 14

Canadian Criminal Cases Annotated Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...egress to, or from any parts of the house, or premises. On the above evidence the defendant was convicted of the offence charged in the information, and adjudged to forfeit and pay a penalty of $20 and costs to the informant, such costs being $3.95, and in default of payment of such sums, the defendant to be imprisoned for sixty days in the city prison, with hard labour, unless such sums and costs and charges of conveying defendant to prison would be sooner paid. The magistrate stated all the above objections which had been overruled as points of law for the consideration of the Supreme Court of Nova Scotia, and also the additional point as to whether the said conviction was invalid, or in excess of jurisdiction by reason of its awarding an imprisonment of sixty days in default of payment of the penalty, or should the said conviction only have adjudged an imprisonment for thirty days as contemplated by sections 58, 103 and 135 of the Liquor License Act. Pending the hearing of the decision of the case stated the defendant was admitted to bail, himself in his own recognizance in eighty dollars ($80), and owing to the wording of the statute a deposit of ($80) by the defendant was made, as a condition of this stated case. HALIFAX, December 2 and 3, 1908. John J. Power, K.C., for defendant. R. H. Murray, for prosecutor. HALIFAX, December 23, 1908. I GRAHAM, E.J.: --In this case the magistrate having imposed the proper money penalty, but having afiixed a term of imprisonment not authorized, I am of opinion that the conviction should be amended by inserting the term of imprisonment applicable under the statutory provision. See R.S.N.S. ch. 100, secs. 146, 147, allowing such amendment. The reading into this Act of the provisions of the Summary..
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Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 123694013X
  • 9781236940131