The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Svazek 18

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Butterworths, 1865

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Strana 144 - Wherefore that here we may briefly end : of Law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world : all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power : both Angels and men and creatures of what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy.
Strana 245 - A fact must not be inferred without premises that will warrant the inference; but if no fact could thus be ascertained, by inference in a court of law, very few offenders could be brought to punishment. In a great portion of trials as they occur in practice, no direct proof that the party accused actually committed the crime, is or can be given; the man who is charged with theft is rarely seen to break...
Strana 326 - All loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo come within general average, and must be borne proportionably by all who are interested.
Strana 241 - And as the evidence, derived from witnesses and human testimony, is founded on past experience, so it varies with the experience, and is regarded either as a proof or a. probability, according as the conjunction between any particular kind of report, and any kind of object, has been found to be constant or variable.
Strana 310 - This Court, constituted for the purpose of advising her Majesty in matters which come within its competency, has no jurisdiction or authority to settle matters of faith, or to determine what ought in any particular to be the doctrine of the Church of England. Its duty extends only to the consideration of that which is by law established to be the doctrine of the Church of England, upon the true and legal construction of her Articles and Formularies...
Strana 163 - I conceive that if a witness says he considers the oath as binding upon his conscience, he does, in effect, affirm, that in taking the oath he has called his God to witness that what he shall say will be the truth; and that he has imprecated the Divine vengeance upon his head, if what he shall afterwards say is false ; and having done that, that it is perfectly unnecessary and irrelevant to ask any further questions.
Strana 145 - Saturdays, the embering-days, and other days, commonly called vigils, and in the time commonly called Lent, and other accustomed times, — the king's majesty, considering that due and godly abstinence is a mean to virtue, and to subdue men's bodies to their soul and spirit ; and considering also that fishers, and men using the trade of living by fishing in the sea, may thereby the rather be set on work, and that, by eating of fish, much flesh shall be saved and increased...
Strana 245 - In drawing an inference or conclusion from facts proved, regard must always be had to the nature of the particular case, and the facility that appears to be afforded either of explanation or contradiction.
Strana 116 - The grand jury, therefore, request that a copy of this presentment may be forwarded to the Prime Minister, and to the Secretary of State for the Home Department, of Her Majesty's new Ministry, and they hope that a Bill to abolish the grand jury of the Central Criminal Court and of the Middlesex Sessions will form a part of their earliest measures of law reform.
Strana 246 - The premises may lead more or less strongly to the conclusion, and care must be taken not to draw the conclusion hastily; but in matters that regard the conduct of men, the certainty of mathematical demonstration cannot be required or expected...

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