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BC Sessional Papers

RETURN To an Order of the Legislative Assembly for a return showing the number of convictions quashed… British Columbia. Legislative Assembly 1882

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Convictions Quashed.
To an Order of the Legislative Assembly for a return showing the numher of
convictions quashed during the year 1881, on Habeas Corpus, Certiorari, or
Appeal, by whom quashed, and on what grounds.
Attorney-General's Office,
16th March, 1882.
By Command.
A. "Walkem,
January, 1881.
January 11th, 1881.
April 9th, „
May 2nd, „
August 5th,       „
August 22nd,      „
September 1st,    „
September 2nd,   „
September 23rd, „
October, „
November 28th   „
October 24th       „
Re Stuart and Healey, New Westminster. Certiorari; before C. J.
Quashed on following grounds : Conviction for an offence which
had never been charged. Jurisdiction of Justices cannot go
beyond the information, and the information states no offence at
all, nor does the conviction.    Defendant has never been accused.
Re Haigh, New Westminster. Certiorari; before C. J. Quashed;
reasons—Convicted on view.   No hearing.
Re Elias Budwig.   Habeas Corpus; Kobertson, J.
Re Rowland. Certiorari; before C. J. Quashed; reasons—Unlawful
Re C.Robertson, New Westminster. Certiorari; Crease, J. Prisoner
discharged; reasons—Information amended in several material
particulars, and not re-sworn.
Re Hughes, Yale. Habeas Corpus ; before C. J. Quashed;
reasons—Illegal conviction.    Bad in substance.
Re S. Jones, Victoria.   Certiorari; Crease, J.   Quashed; reasons—
1. No offence appears on the conviction. 2. Penalty not
according to the Act. 3. That John D. Campbell has no statutory
authority to receive the penalty. 4. That the name of the informant or complainant does not appear on the conviction.
Re Ah Yo, alias Hop Sing, Hope. Certiorari; Crease, J. Prisoner
discharged; reasons—1. No competent Magistrate under Act.
2. No consent to summary trial in either conviction or committal.   3. Sec. 2 of cap. 3, 31 & 32 Vic, not followed.
Re Brenan, New Westminster. Habeas Corpus; Crease, J. In
gaol under a committal. Discharged. Committal bad in substance and form.   No power of amendment.
Re Mrs. J. Harrison, Victoria.   Certiorari.
Re L. Gold, Yale.   Certiorari;   Crease, J.   Quashed; reasons—
Illegal conviction.    Bad in substance.
Dart v. Taylor and Gavin, Yale. Certiorari; Crease, J. Conviction quashed; it being a conviction, under summary conviction
Act, for a civil trespass under Land Act.


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