Reports of Cases Determined in the Court of Nizamut Adawlut for 1851-[1859]: With an Index, Volumen2Thacker, Spink and Company, 1853 |
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2nd count A. J. M. MILLS accomplices acquitted Adoo affray Akhee Baboo Alee alias alibi appears apprehended assault attacked August August 19 blow brother burglary burkundauz charge Chowdraine chowkeedar Chunder Committing Officer concur confessions convict the prisoner court CRIME CHARGED.-1st count culpable homicide dacoity darogah death deceased declared defence deposed deposition evidence eye-witnesses fact foujdaree Fuqeer Doss futwa GOVERNMENT versus imprisonment jemadar joint magistrate July Khan killed Kookee Kunhye labor in irons lattee law officer Manjee Mofussil mohurir Mundul Musst night Nizamut Adawlut Nizamut Adawlut.-(Present Nurhurry Chowdry Nursing Naik offence Officiating Judge party peada perjury persons plundered police PRESENT prisoner's prosecution prosecutor prosecutrix proved punishment R. H. MYTTON Remarks Sentence passed September September 24 sessions judge SHEIKH Singh SIRDAR soner Sreemunt Dey statement stolen property tence thanna theft thuggee trial Tried valued at rupees village W. B. JACKSON wife wilful murder witnesses wounded
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Página 617 - Lords, the only rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
Página 622 - But if any doubt arises from the terms employed by the Legislature, it has always been held a safe means of collecting the intention, to call in aid the ground and cause of making the statute, and to have recourse to the preamble, which, according to Chief Justice Dyer (Stowel v.
Página 622 - ... offence within the statute. It certainly does appear, from the preamble of the act, as if it were mainly directed against combinations for purposes of mutiny and sedition, but there are words sufficient in the enacting part to satisfy the preamble, and after dealing with offences of that description, the act goes on in much more extensive terms, and embraces other more general objects; and as there is no word of reference in the latter part as such, •which is to be found in the former part...
Página 635 - And it is hereby enacted, that every person accused of the offence made punishable by this Act, may be tried by any court, which would have been competent to try him, if his offence had been committed within the Zillah, where that court sits, anything to the contrary, in any Regulation contained, notwithstanding.
Página 622 - ... but it is nothing unusual in acts of parliament, for the enacting part to go beyond the preamble ; the remedy often extends beyond the particular act or mischief which first suggested the necessity of the law.
Página 622 - In doubtful cases, recourse may be had to the preamble, to discover the inducements the legislature had to the making of the statute; but where the terms of the enacting clause are clear and positive, the preamble cannot be resorted to:" and reference is made to the words of Lord Ellenborough and Ltrxrence J.
Página 633 - ... their Sovereign, or as the Prince of the territory in which the crime had been committed. " The hand of these inhuman monsters being against every one, and there being no country within the range of their annual excursions from Bundelcund to Guzerat, in which they have not committed murder, it appears to his Lordship in Council, that they may be considered like pirates, to to be placed without the pale of social law, and be subjected to condign punishment by whatever Authority they may be seized...
Página 84 - ... reporting the sailing of the Spanish expedition from Havana for Vera Cruz on the 30th November and the 1st and 2d of December last. I am, &c. C. PAGET. Enelosure 1 in No. 110. Commodore Dunlop to the Secretary to the Admiralty. "CHALLENGER,
Página 622 - ... the Legislature having a particular mischief in view, which was the primary object of the statute, merely state that in the preamble, and then go on in the body of the Act to provide a remedy for general mischiefs of the same nature, but of different species, neither expressed in the preamble, nor perhaps then in immediate contemplation.
Página 626 - We have only to declare what the law is, not what it ought to be. I regret that the Act ever passed so as to exclude the Jews, and my wish is that it should be repealed. But it is our duty to put the best construction we can on the Act of Parliament; and, in so doing, we entertain no doubt whatever that, according to the existing law, Jews are excluded from sitting...