The Canada Law Journal, Volume 6W.C. Chewett & Company, 1870 - Law |
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Common terms and phrases
9 Eq action adjournment affidavit alleged appeal apply appointed arbitrator attorney authority Bench bill BOTTOMRY C. L. Cham Canada cause cause of action charge claim clerk Common Law contract costs Court of Chancery creditors criminal damages death debt decision declared deed defendant defendant's DIGEST OF ENGLISH discharged duty election England ENGLISH LAW REPORTS entitled equity evidence execution executor fact FRAUDULENT CONVEYANCE garnishees ground Held House husband intention issue judge judgment jurisdiction jury Justice land landlord lex fori lex loci contractus liable Lord Lower Canada marriage matter ment mortgage negligence notice Ontario opinion paid party payment person plaintiff plea pleaded possession present proceedings Province Quebec question Railway referred ROYAL CANADIAN BANK rule sheriff shew statute suit summons Supreme Court tenant testator tiff tion trespass trial trust wife writ
Popular passages
Page 205 - ... unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed any waste thereon...
Page 176 - Whenever a decision is reversed by the court of appeal the clerk of the peace shall indorse on the conviction or order appealed against a memorandum that the same has been quashed, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction or order has been quashed...
Page 86 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or if he did know it, that he did not know he was doing what was wrong.
Page 175 - ... and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet ; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall...
Page 86 - If some controlling disease was in truth the acting power within him, which he could not resist or if he had not a sufficient use of his reason to control the passions which prompted the act complained of, he is not responsible...
Page 220 - ... directed to the judge and parties of a suit in any inferior court commanding them to cease from the prosecution thereof upon suggestion, that either the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court.
Page 175 - ... conditioned personally to appear at the said sessions, and to try such appeal and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded...
Page 86 - ... in order to constitute a crime, a person must have intelligence and capacity enough to have a criminal intent and purpose ; and if his reason and mental powers are either so deficient that he has no will, no conscience, or controlling mental power, or if, through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
Page 203 - I, , do solemnly and sincerely promise and "swear that I will duly and faithfully and to the best of my "skill and knowledge, execute the powers and trusts reposed "in me as one of the judges of the Supreme Court of the North"West Territories. So help me God.
Page 69 - Mackonochie, to abstain for the future from the elevation of the Cup and Paten during the administration of the Holy Communion, and...