The Australian Law Times, Volume 23

Front Cover
Charles F. Maxwell, 1902 - Law
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Page 150 - ... or other the trustees or trustee for the time being of the trust. (3) This section takes effect subject to the restrictions imposed in regard to receipts by a sole trustee, not being a trust corporation. (4) In this section " personal representative " does not include an executor who has renounced or has not proved.
Page 129 - ... such evidence is produced as (subject to the provisions of Ibis Act) would, according to the law of England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England , the police magistrate shall commit him to prison , . but otherwise shall order him to be discharged.
Page 183 - the body of CCW detained in our prison under " your custody, as it is said, together with the day and " cause of his being taken and detained...
Page 244 - There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence ; but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject-matter with which it deals, and both must be considered: Nichols v.
Page 187 - A requisition for the surrender of a fugitive criminal of any foreign state, who is in or suspected of being in the United Kingdom, shall be made to a Secretary of State by some person recognised by the Secretary of State as a diplomatic representative of that foreign state.
Page 157 - This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth...
Page 128 - A fugitive criminal apprehended on a warrant issued without the order of a Secretary of State shall be discharged by the police magistrate, unless the police magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from a Secretary of State an order signifying that a requisition has been made for the surrender of such criminal.
Page 4 - If, for instance, they were found to be partial and unequal in their operation as between different classes ; if they were manifestly unjust, if they disclosed bad faith; if they involved such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men, the Court might well say, 'Parliament never intended to give authority to make such rules; they are unreasonable and ultra vires.
Page 93 - For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State...
Page 187 - A Secretary of State may, by order under his hand and seal, signify to a police magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

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