The Legal News, Volume 4

Front Cover
R. White, 1881
 

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Page 281 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of 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 282 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land was essential in order to lead to a conviction; whereas the law is administered upon the principle that every one must be taken conclusively to know it, without proof that he does know it.
Page 260 - Riel, against the form of the Statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 98 - A vessel which, is closehauled on the port tack shall keep out of the way of a vessel which is closehauled on the starboard tack. (c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 17 - Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.
Page 210 - Church by one archbishop, and eight bishops ; and the Presbyterian Church of Canada, in connection with the Church of Scotland, by annual synods, presided over by moderators.
Page 214 - ... if it be done negligently. And I think that if by a reasonable exercise of the powers, either given by statute to the promoters or which they have at common law, the damage could be prevented it is within this rule ' negligence ' not to make such reasonable exercise of their powers.
Page 262 - Queen's dominions or not, and whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's dominions or not...
Page 281 - ... the jury ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that, to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was...
Page 142 - These are the bodily injury sustained ; the pain undergone ; the effect on the health of the sufferer, according to its degree and its probable duration as likely to be temporary or permanent ; the expenses incidental to attempts to effect a cure, or to lessen the amount of injury*; the pecuniary loss sustained through inability to attend to a profession or business as to which, again, the injury may be of a temporary character, or may be such as to incapacitate the party for the remainder of his...

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