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The Irish Jurist Volume 12 download torrent

The Irish Jurist Volume 12 by Books Group

The Irish Jurist Volume 12
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Author: Books Group
Number of Pages: 768 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130993011
File size: 33 Mb
Download Link: The Irish Jurist Volume 12
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 Excerpt: ...too general. $, J--A re&'iit case in England has decided that illc 'court, wheii discussing the validity of the return, carthot look into the affidavits which were used in obtaining the conditional order. lu Gvklswain's Case, I)e Grey, C.J., and the whole court said "that thovcould not wilfully shut their eyes against such facts as apjpeared (in the affidavits, but which were not noticed on the return." If, then, the court possessed that power at common law--for the writ in Goldswain's Case was issned it ctimmon law--h'dw ranch more must it possess that power since the 56 Geo. 3, cap. 100, which is ah enabling Act'. As to the merits of the present case. A return to a writ of habeas corpus must be absolute; 'except in three cases only--namely, Intlacy; infancy, and felony (under 21 & 22"Geo. 3, c. 11). Miss Aylward has not cleared herself of the responsibility whi.-h by her affidavits she assumed down to tho 5th June, 1858. On that day the mother of the infant, in pursuance of the written notice served upon Miss Aylward, Attended at her residence to receive the child. Miss Aylward did not appear or answer the notice. She thereby incurred a responsibility from which the act? of third parties cannot free her, for the felonious abstraction of the child did not take place until three days later. By her affidavit of the 16th Jnne, 1858, Miss Aylward fully accepts that responsibility, from hich she cannot now exonerate herself, by alleging that a third party stole the child on a day between the 5th and the Kith June, 1858. It is not necessary in quashing tho retnrn to disbelieve the oath of Miss Aylward, for the return has not been made on affidavit. The rule that a defendant must answer fully and use di...

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