Rules, Orders, &c. Touching the Forms and Manner of Proceeding in Civil and Criminal Cases, Before the Superior and Inferior Courts of the Colony of the Cape of Good Hope: Together with Certain Ordinances and Acts Relative to Criminal Proceedings in the Said Courts

الغلاف الأمامي
J.C. Juta, 1882 - 547 من الصفحات
 

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الصفحة 362 - Statutes," or vice versa, nor for that any Person mentioned in the Indictment is designated by a Name of Office, or other descriptive Appellation, instead of his proper Name, nor for omitting to state the Time at which the Offence was committed in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment, or...
الصفحة 358 - ... in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on such merits, to order such indictment to be amended according to the proof...
الصفحة 357 - WHEREAS offenders frequently escape conviction on their trials by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case...
الصفحة 299 - I AB do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their Majesties King William and Queen Mary: So help me God.
الصفحة 186 - Any party may, without filing any affidavit, apply to the Court or a Judge for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.
الصفحة 184 - When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance.
الصفحة 360 - That if on the trial of any person charged with any felony or misdemeanor it shall appear to the jury upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to...
الصفحة 357 - ... contracts, customs, prescriptions, names, and other matters or circumstances not material to the merits of the case, and by the mis-statement of which the opposite party...
الصفحة 361 - ... valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to some other person, and such part shall have been returned accordingly.(/) Sec.
الصفحة 186 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...

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