Cases in crown law Volume 1; determined by the twelve judges, by the Court of King's Bench, and by commissioners of oyer and terminer and general gaol ... the fifty-fifth year of George the Third, 18

 
9781236052698: Cases in crown law Volume 1; determined by the twelve judges, by the Court of King's Bench, and by commissioners of oyer and terminer and general gaol ... the fifty-fifth year of George the Third, 18

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1815 Excerpt: ...or complexion they may be, in nriting. In the present case parole testimony cannot, at any rate, be given of, the subject-matter of the information, unless it be previously shewn that the in-1779. formant did not give his deposition on oath; and that his information was not reduced into writing. But I am of VEASRS opinion, that, as it is the indispensable duty of every Justice of Peace to take the information in writing in all cases, the presumption is, that he has in this case done his duty, by taking it in writing, and therefore the parole evidence now offered ought not to be received. The parole testimony was accordingly rejected, and the defendant was acquitted in consequence of this objection. THE APPRENTICES CASE. CASE CII Easter Term, 1779. Mil. Dunning, on the third of May 1779, moved the The Chief Court of King's Bench for a writ of Habeas Corpus to bring jg" Bench up two young men from The Nore, who had been impressed may grant his and put on board the tender lying at that place. king ifp'the bodies of im The several affidavits on which the application was made, pressed Ap proved them to be apprentices working daily under their Sec 2 And 3 indentures in their respective trades, and in the employment Ann. c_ 6 of their masters. s. is and 17. Lord Mansfield.--The press-master has acted very impropcrfy. Instead of granting you a Habeas Corpus, I shall, upon this occasion, go a shorter way to work, and grant you my warrant as Chief Justice for bringing them before me, they being clearly apprentices not liable to be impressed. I was not acquainted with this authority until some years ago. I discovered it in reading some old Law Books,' and I went to Lord Hardwicke and consulted him on it, and he agreed that it was in the power of this Court to gra...

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