A Letter Addressed to the Lord Viscount Melbourne

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A. Spottiswoode, 1837 - Bankruptcy - 60 pages
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Page 21 - Assembly; be it therefore enacted by the authority aforesaid, that it shall and may be lawful for His Majesty, his heirs and successors, by...
Page 15 - For laws without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseparable attendant upon every superior tribunal.
Page 22 - England are incident to a superior court of civil and criminal jurisdiction; and shall have, use and exercise all the rights, incidents and privileges of a court of record and all other rights, incidents and privileges as fully to all intents and purposes as the same were on...
Page 21 - Serjeant or a barrister at law of not less than ten years' standing, to be the chief judge of the said court, and three persons, being Serjeants, or barristers at law of not less than ten years standing at the bar, or of five years standing at the bar, having previously practised five years as a special pleader below the bar, to be other judges of the said court, and six persons, being barlisters at law of not less than seven years...
Page 22 - Commissioners ; and the same Court shall be and constitute a Court of Law and Equity, and shall, together with every Judge and Commissioner thereof, have, use, and exercise all the Rights, Incidents, and Privileges of a Court of Record or Judge of a Court of Record, and all other Rights, Incidents, and Privileges, as fully...
Page 21 - Commission under the Great Seal to appoint One Person, being a Serjeant or a Barrister at Law of not less than Ten Years standing, to be the Chief Judge of the said Court, and Three Persons, being Serjeants or Barristers at Law of not less than Ten Years...
Page 15 - ... by a special writ judicial they shall be attached by their bodies to appear before the court, and if they be convicted thereof they shall be punished at the king's pleasure, without any interfering by any other person whatsoever,) yet he afterwards more justly concludes, that it is a part of the law of the land; and, as such, is confirmed by the statute of magna charta.
Page 36 - An action being brought for false imprisonment, it was contended for the defendant, that he was warranted as a Magistrate in committing the plaintiff to prison for the contempt of which he had been guilty.
Page 16 - Court, in execution of his office, — as if one give the lie to a Judge of a Court Leet, in the face of the Court ; or, being admonished by him to pull off his hat, say, ' I do not value what you can do ;' or tell him in the face of the Court, that he is forsworn, or call him fool, &c.
Page 36 - As to the merits, without considering whether the " words spoken were or were not a sufficient cause of commitment " by the Magistrate, we are of opinion that this commitment, which " was clearly a committal by way of punishment, and was made by " word of mouth only, without warrant in writing, cannot be sup" ported; for it is clearly laid down in Hawkins, and by Lord Hale, " that guch a commitment by a Magistrate must be made in writing.

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