Reports of Cases Volume 30

Reports of Cases Volume 30

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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. 1893 edition. Excerpt: ...injury, the agreement to consent to a verdict of not guilty was against public policy and illegal, and the plaintiffs could not maintain an action on the defendant's covenant; and the clictwm of Lord Justice James, in Fisher v. Apollinaods Company, to the effect that an indictment for a nuisance or for not repairing a highway might be compromised on the terms of the defendants agreeing to remove the nuisance or repair the highway, was not followed. Lord Justice Cotton says that " the Court will not allow as legal any agreement which has the effect of withdrawing from the ordinary course of justice a prosecution when it is for an act which is an injury to the public." Fry, L. J., says: "The whole inquiry is this, whether (1) 45 on. D. 351. the subject of the indictment in the present instance is a mat-1891ter of general public concern." Lopes, L. J., says: ' "It may CAMPBELL be stated as a general principle that it is inexpedient to stop THE "GLAS_ the course of the law in a criminal matter where a public right GOW_AND L0Nis involved--that it is inexpedient to take' out of the hands D Ci._N2;l(', l_'of the law and commit to an individual the determining of what is to be done in a particular case." It is therefore clear that except with regard to the limited classes of misdemeanors alluded to in the judgment of Mellish, L. J., in Fisher v. Apollinamis Company, where the individual interest, rather than the public interest, is concerned, there is no distinction between the making use of criminal charges in felonies and in misdemeanors for the purpose of securing personal or indirect advantage, or for the purpose of giving effect to arrangements withdrawing the cases from the...
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Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236873920
  • 9781236873927