A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory NotesJames Webster, 1815 - 336 páginas |
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Página 198
... discriminate . If they do not consider that he ought to be discharged , two other alternatives present themselves : viz . to send on for trial either to the inferior , 1 or to the superior court . In ascertaining which of 198 Cases ...
... discriminate . If they do not consider that he ought to be discharged , two other alternatives present themselves : viz . to send on for trial either to the inferior , 1 or to the superior court . In ascertaining which of 198 Cases ...
Página 199
... discriminate , so far as to ascertain whe- ther the prisoner should be tried in the one court or the other , and so far that power is given , on the principle that it is necessary to carry power actually given ( to wit , the power of ...
... discriminate , so far as to ascertain whe- ther the prisoner should be tried in the one court or the other , and so far that power is given , on the principle that it is necessary to carry power actually given ( to wit , the power of ...
Página 200
... discriminating between different degrees of an offence . The courts are composed of plain men not versed in the nice distinctions of the law : they are to meet within ten days at the most , after the commitment , so that if their ...
... discriminating between different degrees of an offence . The courts are composed of plain men not versed in the nice distinctions of the law : they are to meet within ten days at the most , after the commitment , so that if their ...
Página 203
... discriminating power of the examining courts need not in reality be discussed at the present time , because it is now admitted on all hands that those courts have at this time the power of general ac- quittal , and the demurrer to the ...
... discriminating power of the examining courts need not in reality be discussed at the present time , because it is now admitted on all hands that those courts have at this time the power of general ac- quittal , and the demurrer to the ...
Página 204
... discriminating power , had been specially referred to the circuit court , and had been here argued , he would proceed to investi- gate that subject . The second plea avers that the exa- mining court did discriminate by acquitting the ...
... discriminating power , had been specially referred to the circuit court , and had been here argued , he would proceed to investi- gate that subject . The second plea avers that the exa- mining court did discriminate by acquitting the ...
Outras edições - Ver tudo
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Pré-visualização indisponível - 2019 |
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia General Court Pré-visualização indisponível - 2016 |
Palavras e frases frequentes
act of assembly affidavit aforesaid appear appointment attorney authority award Brockenbrough cause charged circuit court clerk committed common law Commonwealth against John considered consisting of Judges constitution convicted county court court of appeals court of chancery court of law court of record criminal decided declared defendant demurrer discharged from further discriminate district court dollars duty examining court execution exercise felony fendant Frederick Becktoll further prosecution George Wythe grand jury guilty Harrison county hath Henrico county homicide indictment John Miller judge in chancery judiciary jurisdiction justice larceny legislature M'Caul manslaughter ment motion murder Nelson novelty and difficulty November opinion peace person Peter Leath plaintiff plea of autrefoits pleaded power to acquit prisoner was indicted quash question remanded repugnant Richard Bowden Robert Mitchell Samuel Myers sect sheriff shew slave statute superior court thereof tiel tion trial tried Tucker verdict Virginia vols warrant writ
Passagens conhecidas
Página ii - IDE, of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Página ii - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.