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Cases Argued and Determined in the Supreme Court of New South Wales in Its Common Law Jurisdiction in the Year 1877
Cases Argued and Determined in the Supreme Court of New South Wales in Its Common Law Jurisdiction in the Year 1877 Author:George Knox General Books publication date: 2009 Original publication date: 1891 Original Publisher: C.F. Maxwell Subjects: Law reports, digests, etc Law / General Law / Reference Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of ... more »this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: EX PARTE MARTIN KEARNS. (a) Practice -- No grounds stated in rule nisi. The Court discharged with costs a rule nidi for a prohibition in which the grounds were not stated in compliance with Rule 10, and which did not come within the exception in Rule 17. On the 5th of March, on the application of O'Connor, a rule was granted by Sir James Martin, C. J., Faucett and Sir W. Manning, JJ., to shew cause why an order of Hargrave, J., dismissing an application for a writ of prohibition should not be rescinded, and a prohibition granted to restrain certain Justices from proceeding further in a conviction of the applicant under the Act 2 Viet. No. 2, s. 10. The applicant was charged in the information with selling two bottles of sarsaparilla at his shop at Wiseman's Creek, on a Sunday. It was contended on the application for the rule nisi, that the section under which the conviction took place only applied to towns, and that though the Act 19 Viet. No. 24 was incorporated with the Act 2 Viet. No. 2, the Act 32 Viet. No. 7, which extends the operation of the 19 Viet. No. 24 to all parts of the colony, did not affect the provisions of the 2 Viet. No. 2. Heydon now moved to make the rule absolute. Salomons, who shewed cause on behalf of the Justices, took a preliminary objection that the rule did not state the grounds of the application, nor did the grounds necessarily appear on the face of the summons, nor were they stated in any affidavit thereby referred to as containing them, nor had auy such affidavit bee...« less