A report of the arguments and judgment upon the demurrer, in the case of Henry Edmund Taffe [sic], Esq., against the Right Hon. Wm. Downes, Lord Chief ... Trinity, Michaelmas, and Hilary terms, 1812 - Softcover
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Synopsis
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. 1815 edition. Excerpt: ... the warrant, the recitals in the warrant, are quite immaterial, as they are not averred to be true. In order therefore, to bring the question to its true test, the recitals may, and ought to be, considered as struck out of the plea, the whole force of which consists in stating, an order by the Chief Justice, to apprehend a man; and to have the man so apprehended, brought before him, to be dealt with according to law; and thereupon delivering him to bail, to appear in the Court of King's Benth, at a certain time, to answer such things as should be objected against him, on the part of The King; together, with an averment, that he the Defendant, issued this order as Chief Justice. It would be an idle waste of time, to dwell upon the several authorities that have been cited, and which I have upon my paper, all combining to demonstrate, thatevery matters of excuse orjustificationmust be distinctly and specially averred, whoever the person justifying may be, that the court may judge of their value and snfficiency; and the technical rule, that every thing is to be presumed against the Defendant in his plea, is quite consouant with good sense; because he is best acquainted with, and knows every circumstance, which can form his justification, and operate in his favor. It is therefore naturally expected, and fairly presumed, that he spreads them all, in their most favorable form, on his plea The arrest, then, as it stands on this plea, and appears to the court, was illegal.--This 1 pronounce without apprehension of contradiction; this must be admitted, unless indeed, there te come peculiar rute, or privilege of pleading, appropriate to ilie Judges of the King's Batch. Then how do the Defendant's counsel seek to vade the inevitable consequences of this...
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