Report of the Case of the Queen V. Edward John Eyre: On His Prosecution, in the Court of Queen's Bench, for High Crimes and Misdemeanours Alleged Fo Have Been Committed by Him in His Office as Governor of Jamaica : Containing the Evidence, (taken from the Depositions), the Indictment, and the Charge of Mr. Justice BlackburnChapman and Hall, 1868 - 111 Seiten |
Andere Ausgaben - Alle anzeigen
Report of the Case of the Queen V. Edward John Eyre: On His Prosecution, in ... Edward John Eyre,Baron Colin Blackburn Blackburn Keine Leseprobe verfügbar - 2018 |
Häufige Begriffe und Wortgruppen
Act of Parliament aforesaid afterwards Alexander Phillips Augustus Burt Vinen Benjamin Morris cause and procure charge Colonial Legislature colour and pretence Commander-in-chief common law consider county of Middlesex county of Surrey Court court-martial criminally responsible crown and dignity Custos day of October district divers doubt duty Easington Edward John Eyre employed as aforesaid Enclosure executed exercise Eyre's flogged force Frederick Augustus Burt further present George William Gordon Governor as aforesaid Governor of Jamaica Grand Jury imprisoned and detained indictment insurrection Island of Jamaica jurors aforesaid Justice Lady the Queen learned Judge liege subjects long space magistrate martial law military Minutes of Evidence Morant Bay oath aforesaid opinion outbreak Paul Bogle peace persons Petition of Right Port Antonio prisoners Privy Council proclaim martial law punished question rebellion Robert George Bruce saith Sidney Levien Stoney Gut trial tried unlawfully and oppressively whilst Wolverine
Beliebte Passagen
Seite 37 - Biel, 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.
Seite 72 - ... that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Seite 79 - And whereas the appearance of public danger by invasion or otherwise may sometimes make the imposition of martial law necessary, yet, as from experience of the mischief and calamities attending it, it must ever be considered as...
Seite 72 - Misdemeanor whatsoever, and by such summary Course and Order as is agreeable to Martial Law, and as is used in Armies in Time of War, to proceed to the Trial and Condemnation of such Offenders, and them to cause to be executed and put to Death according to the Law Martial : VIII.
Seite 58 - The line between the two extremes is hard to define, and is a question that must be left, to a - great extent, in each individual case to the common sense of the trial jury. It is for them to determine whether or not the degree of failure of duty is in fact criminal.
Seite 57 - ... duty, and did not do enough. The two questions are correlative, and the law laid down in that case on a trial at Bar by Mr. Justice Littledale, in the name of the Court, affords useful guidance in laying down the principle applicable in the present case. The learned Judge said that a party entrusted with the duty of putting down a riot, whether by virtue of an office of his own seeking (as in the ordinary case of a magistrate), or imposed upon him (as that of a constable), is bound to hit the...
Seite 74 - ... down to the present day, martial law, as claimed in this case, has been condemned by all respectable English jurists as contrary to the fundamental laws of the land, and subversive of the liberty of the subject.
Seite 57 - Asscmbly.^\ magistrate called upon to suppress a riot is required by law to do all he knows to be in his power that can reasonably be expected from a man of honesty and of ordinary prudence, firmness, and activity under the circumstances.- Mere honesty of intention is no defence if he fails in his duty.
Seite 104 - Neither could the continuance of martial law be exercised, even as regards criminal responsibility, when the necessity which can alone justify it had ceased by the entire suppression of all insurrection, either for the purpose of punishing those who were suspected of having been concerned in it, or of striking terror into the minds of men for the time to come.
Seite 39 - Surry, except in the city and parish of Kingston ; and that our military forces shall have all power of exercising the rights of belligerents against such of the inhabitants of the said county, except as aforesaid, as our said military forces may consider opposed to our Government, and the wellbeing of our loving subjects.