The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 58

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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. 1902 edition. Excerpt: ... the aifidavits themselves leave it in doubt whether this was not made a matter" in difference: and this shows the inconvenience of looking at affidavits on such a question (2). Under the Highway Act, 1835 (5 & 6 Will. IV. c. 50), s. 98, if an indictment for non-repair of a. highway is found at the Assizes and removed by ccrtiorari, the Judge who tries the cause at Nisi Prius has power to certify that the defence is frivolous and to award costs The Juries Act, 1825 (6 Geo. IV. c. 50), s. 34, authorizing the Judge " before whom the cause is tried " to certify for the costs of a special Jury, applies to criminal cases. THIS was an indictment for non-repair of a highway. The bill was found at the Spring Assizes, 1841, and removed into this Court by ccrtiorarii, by the prosecutor. On the trial, before Coleridge, J., at the Summer Assizes for Herefordshire, 1841, a verdict was found for the Crown. The learned Judge certified that the defence appeared to him frivolous, and awarded costs, and also certified, by a separate certificate, that the case was fit to be tried ll)' 8 special jury. A side-bar rule was afterwards obtained for taxing the prosecutor's costs. In last Trinity Term, W. J. Ale.1'andc1' obtained a rule for setting aside the two certificates. Talfourd, Serjt. and Greares now showed cause: First, the Judge who tried the cause had power, under stat. 5 & 6 Will. IV. c. 50, s. 98, to certify that the defence was frivolous, and to award costs. It is true that the words there are " the Court before whom any indictment shall be preferred;" but the word " preferred " will apply to the trial, which is a carrying on of the indictment. ' As to the costs of the special jury, more

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  • Paperback
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236823761
  • 9781236823762