Judicial decisions on the Writ of Habeas Corpus ad subjiciendum: and on the provincial ordinance, 2d Victoria, chap. 4, whereby the Habeas Corpus ordinance of 1784 has been suspended : with notes

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[s.n.], 1839 - Law - 27 pages
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Page 9 - All Powers, Authorities and functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the...
Page 16 - AND whereas the certainty and lenity of the criminal law of England, and the benefits and advantages resulting from the use of it, have been sensibly felt by the inhabitants, from an experience of more than nine years, during which it has been uniformly administered...
Page 16 - ... be it therefore further enacted by the authority aforesaid, that the same shall continue to be administered, and shall be observed as law in the province of Quebec, as well in the description and quality of the offence as in the method of prosecution and trial...
Page 14 - Elections; nor shall it be lawful by any such Law or Ordinance to repeal, suspend or alter any Provision of any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom, or of any Act of the Legislature of Lower Canada as now constituted, repealing or altering any such Act of Parliament.
Page 6 - The concluding ss. 27 to 29, are general, and apply to both the divisions, erroneously, in my opinion, called, "civil and criminal cases." I insist that the distinction between the writ of habeas corpus sued out by a person illegally detained and restrained of his liberty resulting from some criminal...
Page 21 - Proclamation, enacted that the Criminal Laws of England should continue to be administered, whence...

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