Canadian Criminal Cases Annotated Volume 26

Canadian Criminal Cases Annotated Volume 26

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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. 1917 edition. Excerpt: ...Kinnie (1914), 42 N.B.R. 641. WHITE, J.: --Unless expressly taken away the Court has the inherent right to look into the proceedings of an inferior Court and see if they have acted without or exceeded their jurisdiction. Rz'chards: --The Judge has no jurisdiction to allow counsel fees. The costs which the Judge is authorized to allow under sec. 751 are solicitor's fees only. Counsel fees can only be allowed when expressly authorized by statute: The Queen v. Ellis, E2: parte Baird (1895), 33 N.B.R. 141, Sun'nfen v. Lord Chelmsford (1860), 29 L.J. Ex. 382, Robertson v. MacDonough (1880), 6 L. R. Ir.-433, Kerr v. Burns (1860), 9 N.B.R. 604, McLeod v. Vaughan (1892), 31 N.B.R. 134. If there is a discretion to allow counsel fees the discretion must be exercised justly and properly and where, as in this case, the fees are outrageously excessive it must be considered that the Judge did not exercise a judicial discretion. FREDERICTON, February 18, 1916. The judgment of the Court was delivered by GRIMMER, J.: --In this case Fred Elliott at Pokiok, in the County of York, was convicted on the twenty-seventh day of January, 1915, before two justices of the peace, for having on the twenty-fourth day of December previous, disturbed an assemblage of persons at Nackawick in said county, who had met for a benevolent purpose, etc., and was fined $5 and costs amounting to $24.75. From this conviction the defendant Elliott appealed to the County Court of York County, and a hearing apparently extending over some eight days in March last was held before William Wilson, Esquire, Judge of the said Court. The Judge took time to consider and adjourned the hearing until the fifteenth day of April following, on which day he delivered judgment allowing the more

Product details

  • Paperback | 170 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236908864
  • 9781236908865