Papers and Recommendations: Snow Watch 2002 Workshop and Workshop on Assessing Global Glacier Recession

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...same objection to serve which had been stated of his brother. His Lordship, after consulting Joy on Confessions, p. 217, ruled that the objection came too late, for although the juror had not kissed the book, he had taken the book into his hand by the direction of the ofiicer, and the oath had been recited to him, and, therefore, he had really been sworn (a). had been previously challenged by the Crown, the learned Judge put the Crown to show cause. In Mansell v. the Queen, Cockburn, C. J., called the report of Geach's case loose and unsatisfactory, but did not impeach its accuracyso far as the report went. (a) The learned Judge appears to have decided according to the authorities, but the taking of the book into the juror's hand is so generally an act of a hurried nature that the rule seems very inconvenient, unless the precaution be adopted in practice which was suggested by Parke, B., in Frost's case, as reported by Gurney, who there said, that to prevent any dispute upon such question in future, it would be much better that the Clerk of Assize should ask each party whether they challenge or not, in order that there may be no dispute hereafter whether the challenge comes too late. The rule is still more inconvenient when, as in the present case, the objection is taken by the juror himself, for undoubtedly it would occur to any ordinary person that the natural time to raise the objection would be when he was called upon to contribute himself to the act of taking the oath, viz., when he is told to kiss the book. Frost's Case is also reported in 9 Carr 8: P. 137. Both reports concur in making Tindal, C. J., say, that the moment the oath is begun to be delivered by the oflicer it is too late...