Debates in Both Houses of Parliament on the Bill Introduced by the Rt. Hon. C. J. Fox, for Removing Doubts Respecting the Functions in Cases of Libel: With the Questions Addressed by the House of Lords to the Judges Thereon, and Their Answers. To which is Subjoined, the Statute (32 Geo. III. C. 60).J. Johnson, 1792 - 160 Seiten |
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afferted againſt alfo anſwer arguments becauſe cafes of libel caſe civil cafes confequence confideration confidered confiftent conftitution court criminal cafes debate decide decifion defendant defire difcuffed difcuffion doctrine doubt eſtabliſhed exift expreffed fact fame fecond feditious feffion fenfe fentiments fhall fhew fhips fhould firſt fome fpeech ftated fubject fubmitted fuch fufficient fupport guilty himſelf Houfe Houſe HOUSE OF LORDS iffue inftance innuendo judges juftice King's Bench law of England learned lord liberty LORD CAMDEN LORD CHANCELLOR LORD GRENVILLE Lord Kenyon LORD LOUGHBOROUGH Lord Mansfield Lord Stormont lordship lordſhip faid matter of law meaſure moft moſt muft muſt neceffary noble and learned noble earl noble lord obferved occafion opinion pafs paper parliament perfon poffible poftpone PORTCHESTER prefent prefs principle profecution profeffion propofed publiſhed purpoſe queſtion reaſon refpect ſaid ſpecial verdict ſpoke ſtated ſuch thefe themſelves theſe thofe thoſe thought tion trial by jury words
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Seite 157 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Seite 157 - Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That...
Seite 158 - Provided always, that on every such trial the court or judge before whom such indictment or information shall be tried, shall, according to their or his discretion, give their or his opinion and directions to the jury on the matter in issue between the king and the defendant or defendants, in like manner as in other criminal cases.
Seite 60 - ... that on every such trial the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information, and shall not be required or directed by the court or judge before whom such indictment or information...
Seite 157 - ... such indictment or information, and shall not be required or directed by the court or judge before whom such indictment or information shall be tried to find the defendant or defendants guilty merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Seite 157 - FOX'S LIBEL ACT (32 Geo. 3, c. 60) * An Act to Remove Doubts Respecting the Functions of Juries in Cases of Libel. 1792 1. Whereas doubts have arisen whether on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue...
Seite 108 - Englifhmen, afTerting that It was neither more nor lefs than the being; turned over from one fet of lawyers to another, and from that other to a third. In fact, it was to be turned over from the judge who tried the caufe, to himfelf and three others, in a fecond place; and from them to themfelves again, mixed with a few more judges, in a third place...
Seite 90 - ... or to except either of thofe cafes out of it. " But that we may not be mifunderftood, we add, that this opinion does not go to the length of taking from the jury the application of the evidence to the overt aft of which it is evidence.
Seite 112 - It was a proud, ambitious profeffion, tlefirous ofobiaining power over all; and if the noble lord at the head of the King's Bench could overthrow it, as his lordfhip had ftudied politics as well as law, he would be Lord Paramount of England.
Seite 107 - The Marquis, in terms of the moft pointed irony, ridiculed the declaration that a right of appeal in arreft of judgement, and of moving for a writ of error, was one of the deareft birth-rights of...