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A Full and Faithful Report of the Proceedings in His Majesty's Court of Exchequer in Ireland, in the Case of Mr. Justice Johnson, Revised and
A Full and Faithful Report of the Proceedings in His Majesty's Court of Exchequer in Ireland in the Case of Mr Justice Johnson Revised and Author:Robert Johnson Title: A Full and Faithful Report of the Proceedings in His Majesty's Court of Exchequer in Ireland, in the Case of ... Mr. Justice Johnson, Revised and Corrected by J.s. Emerson General Books publication date: 2009 Original publication date: 1805 Notes: This is a black and white OCR reprint of the original. It has no illustrations and there ... more »may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Mr. Baron Smith. i In this cafe, the arreft appearing to me to have beea illegal, I am confequently of opinion that the Prifone'r (hould be difcharged. Indeed, I conceive that fuch fhould be our rule, in a matter of lefs eafy folution than the prefent. For it is only in cafes of certainty, that the Court is to remand. In thofe of doubt, it is bound to bail, or to difcharge. And here, accordingly, we ought to liberate, in as much as we cannot bail. In entertaining the fentiments which I have briefly thus avowed, I am aware that I encounter the authority of my Lord Chief Jufticej whofe fallibility I am the more reluctant to admit, becauie he would himltlf be the firft to make, and nobly ac"l, on the admiffion. But, fallible he is: for he is human : -- and it is fuperfluous to ftate, that in diffenting from the opinion, I venerate the man. -- He indeed is one, my deference for whofe fuperior intellect and knowledge gives way only to my refpect for his more valuable qualities ; and to the honeft exultation which I fee!, that merit fo uncommon is placed at the head of our Crown law. -- I muft differ with fome degree of qualm from him, who more elevated by worth and talent, than by age or nation, would bend a patient and docile ear to the arguments of the hum- bleft man. Who, if thefe fhould bring conviction to hi candid and modeft mind, would unaffectedly rejoice to have his errors thus corrected; without adverting to the lowline...« less