Decisions of the Supreme Court of MauritiusEngelbrecht, 1906 |
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Expressions et termes fréquents
Actg action adultery affidavit alleged appeal application arrêté Asylum Attorney authority autrefois acquit averred Bishop Cadinouche cautionnement Cernéen certificates CERTIORARI charge Church Mission Society circumstances claim codicil Colony consider contained counsel Court delivered Court of Cassation Dalloz damages decision declaration decree nisi defamatory defendant defendant's DELAFAYE dismissed Esqre evidence examination executors facts false and malicious Flacq French Governor ground GUIBERT Honor insanity inspection Judge in Chambers judgment June jurisdiction jury Justice WOOD Lamarque land Laurent Letters Patent license lunacy lunatic Magistrate malicious denunciation Mandamus matter Mauritius ment Ministère Public mortgage notary object offence officer opinion Ordinance Parquet parties Penal Code person petition petitioner Plaintiff plea Port Louis Poupard Procureur prosecution prove published question R. M. BROWN realm refused Registrar reply res judicata respondent Rodrigues Rouillard Roussety rule Sakir says SERRET sion Society Supreme Court testator tion trial Vieau witness WOOD RENTON words
Fréquemment cités
Page 40 - That it is the right of the subjects to petition the king ; and all commitments and prosecutions for such petitioning are illegal.
Page 64 - The true test by which the question, whether such a plea is a sufficient bar in any particular case may be tried, is whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first.
Page 41 - Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland...
Page 64 - Where an act or omission constitutes an offence under two or more Acts, or both under an Act and at common law . . . the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished twice for the same offence.
Page 40 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Page 63 - L'autorité de la chose jugée n'a lieu qu'à l'égard de ce qui a fait l'objet du jugement. Il faut que la chose demandée soit la même ; que la demande soit fondée sur la même cause ; que la demande soit entre les mêmes parties, et formée par elles et contre elles en la même qualité.
Page 64 - When a man is indicted for an offence and acquitted he cannot afterwards be indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted on it ; and if he be thus indicted a second time, he may plead autrefois acquit, and it will be a good bar to the indictment.
Page 68 - ... precipitancy, his calmness or consideration; it cannot give the manner of the Prisoner, when that has been important, upon the statement of anything of particular moment; nor could the Judge properly take on him to supply any of these defects...
Page 6 - Court or judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.
Page 68 - The most careful note must often fail to convey the evidence fully in some of its most important elements, those for which the open oral examination of the witness in presence of prisoner, Judge, and jury, is so justly prized. It cannot give the look or manner of the witness, his hesitation, his doubts, his variations of language, his confidence or precipitancy, his calmness or consideration. It cannot give the manner of the prisoner when...