 If, however, the exception or proviso be in a subsequent clause or statute, or although in the same section, yet, if it be not incorporated with the enacting clause by any words of reference, it is in that case matter of defense for the other party, and...  Reports of Cases Argued and Determined in the Court of King's Bench: With ... - 第 86 頁Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson 著 - 1818完整檢視 - 關於此書
 | William Hough - 1825 - 1028 頁
...jxirade, &c." 40 Charges, §r. [CHAP. clause or statute, or although in the same section, yet if it be not incorporated with the enacting clause by any 'words of reference, it need not be negatived in the pleading" (154). " No part of the indictment must beinjigures ; and therefore... | |
 | John Simcoe Saunders - 1831 - 598 頁
...statute as makes for him, it is sufficient, though he omit a proviso containing an exemption, provided it is not incorporated with the enacting clause by any words of reference: Steel v. Smith, 1 B. Sf A. 94; Plowd. 410; Ld. Raym. 120. But the opposite party may avail himself... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 頁
...party must show it to exempt himself from the penalty (z)(506). And where *an act of parliament [*256] in the enacting clause creates an offence, and gives a penalty, and in the same section (a) there follows a proviso containing an exception, which is not incorporated with the enacting clause... | |
 | Great Britain. Bail Court - 1845 - 1144 頁
...and the other party must shew it to exempt himself from the penalty. And where an act of Parliamant in the enacting clause creates an offence and gives...same section there follows a proviso containing an exception, which is not incorporated with the enacting clause by any words of reference, it is not... | |
 | Peter Oxenbridge Thacher - 1845 - 756 頁
...exception or proviso be in a subsequent clause or statute, or, although in the same section, yet if it be not incorporated with the enacting clause by any words of reference, it is in that case matter of defence for the party, and need not be negatived in the pleading.* In indictments... | |
 | John Simcoe Saunders - 1851 - 662 頁
...an oflence, and give a penally, and in the same section a proviso follows, containing an exception, which is not incorporated with the enacting clause...any words of reference, it is not necessary for the pit. in suing for the penalty, to negative such exceptions (Steel v. Smith, 1 B. & A. 94). Sometimes... | |
 | Joseph Chitty - 1851 - 900 頁
...matter of defence, and the other party must show it to exempt himself from the penalty (z) (2). And where an act of parliament in the enacting clause creates an offence, and gives apenalty, and in the same section (я) there follows a proviso containing an (r) Plowd. 561; 1 Vent.... | |
 | Joseph Chitty - 1859 - 892 頁
...matter of defence, «nd the other party must show it to exempt himself from the penalty (z) (1). And where an act of parliament in the enacting clause...offence, and gives a penalty, and in the same section (a) there follows a proviso containing an exception, which is not incorporated with the enacting clause... | |
 | Illinois. Supreme Court - 1850 - 744 頁
...but if the exception or proviso be in a subsequent clause or statute, or if in the same section, and not incorporated with the enacting clause, by any words of reference, it is in that case matter of defence, and need not be negatived in the pleading. Archbold Criminal PI., 48... | |
 | Edward William Cox - 1871 - 856 頁
...See also sect. 113. la Steel v. Smith (1 B. & Aid. 94), the rule of pleading was laid down thus : " Where an Act of Parliament in the enacting clause...the plaintiff in suing for the penalty to negative such proviso in his declaration ;" but in that case it was conceded that if there is the exception... | |
| |
