Reports of Cases Argued and Determined in the Supreme Court of Victoria Volume 1 by Books Group

Reports of Cases Argued and Determined in the Supreme Court of Victoria Volume 1
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Author: Books Group
Number of Pages: 156 pages
Published Date: 20 May 2012
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781236315359
File size: 25 Mb
Download Link: Reports of Cases Argued and Determined in the Supreme Court of Victoria Volume 1
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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. 1866 Excerpt: ...was given. At this day the Appellant attended and took part in the proceedings. The second notice was objected to on the ground that it was too late--more than a month after the rate. The first notice had been within the month. The magistrates entertained the appeal, and decided against the rate. They stated this case (original and supplemental) on the appeal of the Board. Wood, for the Respondent, having to support the decision below, began: --The second objection, as to time, was not made below. But it is now objected both that the original notice was wrong in form, and that the second notice was not in time. As to the first objection, it was impossible that any date should be inserted in the notice of appeal, because there is no regular day for the holding of petty sessions. Justices in petty sessions hold their sittings when and where they please, and the parties can neither prevent their sitting before the day fixed and calling on either party present to go on; nor compel them to sit on the day, or on any day after the day, fixed; nor prevent them from sitting on any day after that fixed when the appellants are not present but the respondents are. It is because of this uncertainty that the notice is not required to be given at "the next sessions," as is required in sec. 200, giving an appeal from petty sessions to general sessions. The sittings of general sessions are at fixed known dates, and the notice can be given for those days; the days of the sittings of petty sessions are unknown, and the notice cannot name them. As to the inconvenience of causing parties to attend de die in diem till the case is heard, it will occur equally whether a date is named or not, if the date be one on which the parties have no power to insist that the appeal...

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