Reports of Cases Decided in the High Court of Chancery in 1850[-1852] by the Right Hon. Lord Cranworth [And Sir Richard Torin Kindersley, Vice-Chancellors] Volume 1

Reports of Cases Decided in the High Court of Chancery in 1850[-1852] by the Right Hon. Lord Cranworth [And Sir Richard Torin Kindersley, Vice-Chancellors] Volume 1

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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. 1851 edition. Excerpt: ...might entail on others, it would not hold even if the penalties would be incurred in this country. The privilege is confined to penal consequences likely to be occasioned to the party himself: nemo tenetur seipsum prodere: but there is no privilege against disclosing matter within the knowledge of the party, merely because it might subject other persons to punishment. Can the Defendants then object to answer that which might subject themselves to penal consequences if they should go to Sicily? I think not. The rule relied on by the Defendants, is one which exists merely by virtue of our own municipal law, and must, I think, have reference, exclusively, to matters penal by that law: to matters asto which, if disclosed, the Judge would be able to say, as matter of law, whether it could or could not entail penal consequences. As, for instance, (0) See post, page 334. VOL. I. N. S. A A if a witness were to say: " I decline to answer that question, because it may show that, five years ago, l exercised an oflice without first taking the oaths," the Judge would be able to say, as matter of law: " That cannot subject you to penal consequences, by reason of the subsequent Indemnity Acts." So, where an Act of Parliament has passed, indemnifying witnesses from prosecution on account of matters to which their evidence is thought necessary, if a witness, ignorant of the statute, were to object to answer a question, because it might subject him to penalties covered by the statute, the Judge would be able to say: " That it is a mistake of the law; you are exposed to no such penalties, and must therefore answer." And very many similar cases may be suggested. But, in respect of penal consequences in a foreign country, ...show more

Product details

  • Paperback | 184 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236756282
  • 9781236756282