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A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time (Volume 3); Alphabetically Arranged with Notes and References

A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time (Volume 3); Alphabetically Arranged with Notes and References


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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. 1834. Excerpt: ... constitution Slates, that the trial of all crimes shall be by jury, does nottakC that the tri'away the right of courts to punish contempts in a summary alofa11, mode. The provision is to be construed to relate only to those crimes shall 1, -/ . - be by jury, crimes which by our former laws and customs had been tried does not, takeaway J a jury. their right. 3. State V. Applegate, Jan. T. 18-22, 2 M'Cord's S. Ca. Rep. p. 110. Butamagis In this case the defendant, a constable, was attached for a rontT' contempt of Court, for applying the proceeds of an execution in constable payment of a ciebt of his ownj due him by the defendant in exumptTnot ecution. After argument the defendant was discharged. Moreturning tionto reverse that decison on the ground that the judge erred ancxecu... tion, and in discharging him. Per Cur. Richardson, J. Although justices of the peace lectedon j, ave ju(icial power, yet thev possess a very inferior jurisdiction. the same. J 1 .-.. 1 It seems he Comyns says, (p. 501. 4 vol.) their authority is to be exercised, commit for secundum vim, et form am et effectum slaluti, and confined to offencoDtemnta j ces named in the commission. hatever be the power or priviofhiscourt. ege exercised by them, must appear to be authorised either by former precedents, which presuppose a grant of power by positive enactment, or else must be incident to their office. Now there has not been adduced an instance of a justice of the peace having committed a constable or other officer, for a contempt committed out of the presence of the justice's court. The doctrine adduced from 1 Bacon, 180. as authorising it, does not warrant such a Conclusion, and so far from the legislature having expressly given such a power, in the act of 1794, (1 Brev...


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Product Details
  • ISBN-13: 9781150252532
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 238
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1150252537
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 431 gr


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A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time (Volume 3); Alphabetically Arranged with Notes and References
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