The Victorian Reports Volume 18

The Victorian Reports Volume 18

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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: is stated that " no witnesses were called in refutation of the charge.," We are of opinion that the court in refusing to allow Mr. Bell to be sworn committed an error, and thereby deprived him of a legal right. Probably the court supposed that this formal investi-gation, in which it was engaged, was a criminal proceeding in which Mr. Bell was incompetent to give evidence for or against himself. But such disqualification is confined to cases where in a criminal proceeding a person is charged with the commission of some indictable offence, or an offence punishable on a summary conviction: See Evidence Act 1890, sec. 53. misconduct under the Marine Act 1890 is not a charge of an indictable offence, nor of an offence punishable on summary But a charge of conviction. The proceedings in this case wsetllbled rather proceedings on the hearing ofa complaint for desertion of a wife by her husband, where the husband's evidence must be received if he tender it: Reg v. Pope (n), where an order for maintenance was quashed on the ground that the justices improperly refused to allow the husband to be sworn and to give evidence. The learned judge held that the act of the Court of Marine Inquiry amounted to nothing more than a mistake in a matter in which the court had jurisdiction, that it did not deprive the court of jurisdiction to determine the charge of misconduct, and that, as the proceedings 011 the face of them were regular and according to law, the writ of If there W9-5 no want or failure of jurisdiction in the court created by it-9 certiorari would not lie to quash the determination. mistaken act of refusal, this conclusion would, I think, be correct, according to the authorities, in a case like the present, where a writ more

Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236861515
  • 9781236861511