A Treatise On the Law of Evidence volume 1

Cover A Treatise On the Law of Evidence volume 1
A Treatise On the Law of Evidence volume 1
Phillipps, S. M. (Samuel March), 1780-1862
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Bull.
(2) Com. Dig. Tit. Pleader, 2 W. N. P. 225.
25. (6) Gaul's case, 1 Salk. 372.
(3) Ld. Bernard v. Saul, 1 Str. Hicks's case, ib. By Lord Mansfield 493. Bull. N. P. 152. S. C. In 4 Burr. 2467. Bull. N. P. 196.
(4) Adm. Per Cur. In Husscy v. French, q. T. V. Coxon, 2 Str. 1081. Jacob, 1 Ld. Raym. 89. S. C. More fully stated in 2 Selw.
N. P. 562. N. (117. ) 31 S Of Verdicts and Judgments, [Ch. 2.
respect to these also, it should seem, according to the modern practice, the defendant may plead
...nil debet, and give in evi- dence the statute ; which would show, that he does not owe the penalty. Thus, on a prosecution for exercising a trade contrary to the provisions of a statute, the defendant may shew, under the general issue, that he is exempted from pe- nalties by a subsequent statute (1): and on the trial of an indictment against a parish for not repairing a highway, the defendants may, on the general issue, give in evidence an act of parliament, which exempts them from the repair, and transfers it to commissioners.

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