Factory Commission: The Legality of Its Appointment Questioned and the Illegality of Its Proceedings Proved, Addressed to Lord Althorpe

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L.B. Seeley, 1833 - Governmental investigations - 20 pages
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Page 8 - ... power, surely it must attach to it, as an incident, all that may be necessary to carry such regulations into effect, and what so usual and necessary as the investigation of matters of fact upon oath ; to say, as has been argued, that this provision in the stamp regulation is contrary to law, because every oath must be warranted ' by act of Parliament or by the common law, time out of mind...
Page 9 - For that the offences enquirable were noc certain within the commission itself, but in a schedule annexed to it. 3. For this, that it was only to enquire, which is against law, for by this a man may be unjustly accused by perjury, and he shall not have any remedy. 4. For this, that it is not within the statute of 5 Eliz. , &c. Also the party may be defamed, and shall not have any traverse to it
Page 14 - to be a Delegation by Warrant of an Act of Parliament, or 'of the common Law, whereby Jurisdiction, Power or 'Authority is conferr'd to others.
Page 9 - the depopulation of houses, converting of arable land " into pasture, &c. But the commissioners should not " have any power to hear and determine the said offences, " but only to inquire of them. And by colour of the " said commissions, the said commissioners took many " presentiments in English, and did return them into
Page 14 - This matter being returned upon the postea, the opinion of The Court was, that the verdict was not good, and a venire facias de novo was awarded. Vide 35. Hen. 6. "Examination
Page 14 - And complaint being made to the judge of the assizes of this misdemeanor, he examined the inquest, who confessed all the matter, and that the evidence was the same in effect *that was given before et non alia...
Page 14 - Dean,(8) the jury were gone from the bar to confer of their verdict. One of the witnesses, that was before sworn on the part of...
Page 9 - Huntingdon, &c. to enquire of divers articles annexed to it, to enquire of depopulation of houses, &c.; but the commissioners should not have any power to hear and determine the said offences, but only to enquire of them : and by colour of the said commissions the said commissioners took many presentments...
Page 13 - ... visit, you will • endeavour to learn who have been the chief movers in the petition, and will examine those who may best express the opinions of the petitioners. It may be desirable that you should examine such witnesses, when known, before visiting the magistrates or other local authorities ; but when you. meet with any witnesses who have given evidence before the Committees of Parliament, the more desirable course will be to defer their examinations until the examinations of the other witnesses...

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