The Victorian Reports Volume 17

The Victorian Reports Volume 17

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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. 1892 edition. Excerpt: ...Abrath v. North Eastern Railway Co. (d). H1omno'rrm1s1, C.J. It must be remembered that there the prosecution was in the hands of a private per-son. Taylor in reply----From the moment the warrant issued the defendant was powerless in the matter. No discretion is left even to the constable who has to execute the warrant. The warrant is one in form 8 of the second schedule to the Justices Act 1890. It commands the police ofiicer " forthwith to apprehend " the person in respect of whom it is issued. The order is a most peremptory one, and force must be given the word " forthwith." The constable is a mere machine for arresting the accused, and he has no discretion at all. He has no power to delay the execution of the warrant, although otherwise it might be reasonable to do so. He cited Johnson v. Emerson (e). Hrcmnornur, C.J. Appeal from County Court. The action was brought by the plaintiff against the defendant for malicious The jury found a verdict for the plaintiff, with damages 651. The learned judge held that there was not a want of reasonable and probable cause for the defendant instituting the prosecution by laying an information charging the plaintiff with larceny. This ruling is not disputed, and I think it was correct. The judge also held that there was a want of reasonable and probable cause for the defendant continuing the prosecution after the plaintifl' had given a certain explanation. The question to be determined on this appeal is whether the learned judge was, or was not, right in his ruling on the latter point. The defendant was informed that a cow, which was undoubtedly his property, and had been seen by him about two months previously prosecution. on a reserve where he usually kept her, had been...
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Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236932668
  • 9781236932662