Canadian Criminal Cases Annotated Volume 15

Canadian Criminal Cases Annotated Volume 15

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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. 1910 edition. Excerpt: ...they had been before it was passed." In certain cases, hereinafter cited, and decided before and since Confederation, the Courts have considered in elfect, section 44 of chapter 91 of C.S.C. (1859), as the civil law of this province, and have so applied it. g Article 734 of the Criminal Code is then only a reproduction of our civil law existing before Confederation. But as the civil rights are in the exclusive jurisdiction of the province, section 44 of chapter 91 of the Consolidated Statutes of Canada, is still the section which, in my humble opinion, applies to the case in question, because it has never been repealed by the Legislature of Quebec, the sole authority competent to define, determine and limit the civil responsibility of the citizens. In the case of Abinoviteh v. Legault, 8 Que. S.C. 525, and in that of Hardigan v. Graham (1897), 1 Can. Cr. Cas. 437, 12 Que. S.C. 177, the Superior Court applied articles 864 and 866 of the Criminal Code of 1892, corresponding to articles 733 and 734 of the present Code. But it must be added that the unconstitutionality of the federal law was not raised in those two cases. The defendant, then, had the right to invoke, as an exception to the present action, the complaint made against him by the present plaintiff before the magistrate of this district, for the assault of the 2nd July last, and the payment of the fine and the costs to which he was condemned. The plaintiff himself proceeded summarily against the defendant, before the justice of the peace. The complaint was heard and decided summarily, by virtue of the first paragraph of article 732 of the Criminal Code. It was an accusation of common assault that the plaintiff brought against the defendant, and the magistrate treated and...
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Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 123693444X
  • 9781236934444