Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 10 delivery of persons sentenced by presidency magistrates Sorted by: old Page 1 of about 26 results (0.140 seconds)

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

..... delivery of persons sentenced by president magistrate or by any court constituted under lawful authority. ..... according to sections 5 to 112 of the prisoners act, 1900 (central act iii of 1900), the authorities in charge of prisons in the city of madras can receive prisoners sentenced by the high court but not those sentenced by the court of session in the city. ..... it is found necessary to amend sections 5, 7, 10 and 11 and to omit section 8 of the prisoners act, 1900, so that the authorities in charge of prisons in the city of madras can receive prisoners sentenced by the court of session in the city. ..... the amendment proposed to section 29 of the prisoners act, 1900, is to provide specifically for the transfer of undertrial prisoners and to empower the collectors, their personal assistants and revenue divisional officers to order transfer of undertrials from one sub jail to another sub jail and the inspector general of prisons to order transfer of undertrials from central jails, district jails and subsidiary jails to other jails. ..... -- (1) the inspector general subject to the order and under the control of the government is authorised to sanction the transfer from one prison to another within the state of such prisoners as are referred to in section 29 of the prisons act, 1990 (central act iii of 1900) except those under sentence of death. .....

State Vs. Santokh Singh

Court : Madhya Pradesh

Reported in : 1956CriLJ619

..... section 3 of the prisons act (act 9 of 1894; attempts to classify prisoners into three categories, (1) criminal prisoners, (2) convicted criminal prisoners and (3) civil prisoners.a convicted criminal prisoner, means any criminal prisoner under sentence of a court or court-martial, and includes a person detained in prison under the provisions of chap. ..... prisoners act (which corresponds to section 41 of the central act), then lays down that upon delivery of any order to the officer-in-charge of the prison, that officer shall cause him to be taken to the court in which his attendance is required, and shall cause him to be detained in custody in or near the court until the presiding officer of that court: authorises him to be taken back to the prison in which he was confined. ..... are inapplicable to the case of a convicted criminal prisoner; and that the provisions of the prisons act, which deal with the law relating to the internal management of the prisuns, and, those of the prisoners act, which deal i with law relating to prisoner's custody, do not empower a magistrate to transfer a convicted criminal prisoner from the custody of the prison to that of the police.it follows that the order passed by the magistrate in the present case is sound and must be upheld. ..... 3 of 1900) relates to the prisoners confined by order of a court. .....

Respublica Vs. Malin

Court : US Supreme Court

..... 33 (1778) could be given of a man's sentiments; but that the intention expressed by any words offered in evidence, must relate immediately to the overt act laid and proved on the indictment; that although an adherence to the british troops was treason, yet, an adherence to american troops, even under a supposition that they were british, did not amount ..... to evince that this was, likewise, the sense of the legislature, the defendant's counsel read the act of assembly giving the supreme court a special power to try offenders in lancaster, for crimes committed in the ..... the court it was accordinglly ruled, that evidence might be given of an overt act, committed in another county, after an overt act was proved to have been committed in the county where the indictment was laid and ..... and that having established the prisoner's presence with the british army, nothing, but the proof of actual force, and its continuance, could excuse him from the charge of adhering to the ..... but, as it appears, that the prisoner was actually with the enemy at another time, words indicating his intention to join them, are proper testimony to explain the motives, upon which that intention ..... the prisoner, mistaking a corps of american troops for british ..... merely joining the enemy's army, being neither treason, nor misprision of treason, unless done with a traiterous intention, no overt act had been proved in chester, which was a prerequisite to any evidence being heard of an overt act committed in any other county. .....

Respublica Vs. Carlisle

Court : US Supreme Court

..... or commissions from the king of great britain, and then and there, with force and arms did falsely and treacherously also take a commission or commissions from general sir william howe, then and there acting under the said king of great britain, and under the authority of the same king, to wit, a commission to watch over and guard the gates of the city of philadelphia, by the said ..... where a person was charged with compassing the king's death, evidence was allowed to be given of the prisoner's assembling with forty men, though that overt act was not laid ..... offering a witness to prove, that the defendant had taken a quantity of salt from persons whom he termed rebels, as they were passing out of the city of philadelphia; and that he had a power of granting passes; his counsel objected, that this was impertinent to the overt act laid in the indictment, and therefore not admissible. ..... , with force and arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania. ..... in order to prove an overt act, however, evidence has been offered to show, that the prisoner had a power of granting passes into, and out of the city, which was at that time in the ..... is vague and uncertain, there being no overt-act expressly or particularly ascertained, as the prisoner is advised it ought to be. .....

Respublica Vs. Roberts

Court : US Supreme Court

..... this gave rise to a question on these words of the act of assembly: 'that if any person or persons knowingly and willingly shall aid or assist any enemies at open war with this ..... confession after the fact, is proof of the fact itself; and though not competent alone to supply the want of two witnesses, yet it is good by way of corroboration: and, therefore, if an overt act has been proved in the county of chester by two witnesses, the evidence now offered will be proper, in confirmation of their testimony. ..... of opinion, that the word persuading, used by the legislature, means to succeed; and that there must be an actual enlistment of the person persuaded, in order to bring the defendant within the intention of the clause. ..... 39 (1778) by the court: there is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavoured to persuade others to enlist, in the armies of ..... offered, however, is proper to show quo animo, the prisoner himself joined the british forces. ..... , it was argued, that persuading implies success; suadeo signifying to advise, and persuadeo to advise through, or successfully: and, therefore, it cannot properly be said of any person, that he was persuaded, unless he has done some act in consequence of his persuasion. ..... the prisoner being convicted by the jury, his counsel moved the court to set aside the verdict, and grant a new trial, because he was advised, 'that the evidence given respecting his declarations, or confessions, .....

Respublica Vs. Sweers

Court : US Supreme Court

..... an indictment, however, may be sufficiently maintained upon 'an intent to deceive my liege subjects;' and to that purpose there is a positive authority, not referred to by the council, where a person was indicted, for having in his custody a piece of base metal, in the similitude of a six-pence, knowing it to be safe, with intent to defraud the liege subjects &c. ..... ' the prisoner being brought before the court to receive sentence, m'kean, chief justice, addressed him to the following effect: cornelius sweers: after a fair and full trial, you have been convicted of the crime of forgery, upon two indictments, by a special jury of your country. ..... afterwards he filed reasons in arrest of judgment, of which a recapitulation will be found in the sentence of the court; and these reasons were argued, and over-ruled, on the 19th day of the same month. ..... upon the whole, we are of opinion, that your conviction has been legal, as well as just; and, therefore, it only remains to pronounce the sentence of the court. ..... in the case of forgery, properly so called, which includes only records, deeds, wills, or public instruments, it may, perhaps, be necessary that some person should be actually prejudiced. ..... the third exception was, 'that the indictments do not charge 'that any person was actually defrauded. ..... sentence, on the first indictment: a fine of l. 70. ..... this rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature. .....

Respublica Vs. Chapman

Court : US Supreme Court

..... laws of the late province, with certain restrictions, were, from and after the 10th day of february then next, to be revived; and on the 4th of march following, the first president and vice-president were elected; when also, the first minutes were made on the records of the supreme executive council. ..... act of the 11th of february, 1777 expressly authorises this opinion; for, we find it there said, that all and every person and persons (except prisoners ..... ; this, therefore,contradicts the idea, suggested by the advocates for the prisoner, that allegiance was not due till the meeting of the executive council on the 4th of march ensuing; and, although he cannot be convicted upon that act, yet allegiance being due from the 28th of november, 1776, when, as i have already observed the legislature was convened, and the members of council were appointed, treason, which ..... elapsed; the attorney general filed a suggestion, in the usual form, stating that samuel chapman the prisoner was the person required by the proclamation to surrender himself, &c. ..... but there is great inaccuracy in penning the act; for, though it would seem, by the former part of the second section, to be the sense of the legislature, that from the 11th of may 1776, to the 10th of february, 1777, the operation of all the acts of assembly should be suspended; yet, in the close of the same section, obedience to those acts, to the common law, and to so much of the statute law of england, as have heretofore been in force in .....

Respublica Vs. Mccarty

Court : US Supreme Court

..... and, as in common cases it is sufficient for the purposes of evidence, if a man subscribes his examination before a magistrate, so in the case of a treason, a confession reduced to writing and subscribed before a justice and another witness, would be sufficient grounds for a conviction under our act of assembly, or even under the statute of w. 3. ..... as the judges were the same who presided in the supreme court, it has not been thought necessary in any ..... of the authorities on this point, seem to lean against the admission of the party's confession in the presence of two witnesses, as sufficient for conviction, unless it is made at the time of committing the criminal act, or before a magistrate duly authorized. ..... british troops for ten or eleven months, during which he might easily have accomplished his escape; and it must be remembered, that, in the eye of the law, nothing will excuse the act of joining an enemy, but the fear of immediate death; not the fear of any inferior personal injury, nor the apprehension of any outrage upon property. ..... who espoused the cause of the invading monarch; and hence we may derive all the provisions, which, on a charge of high treason, make two witnesses necessary to the same overt act, or to two different overt acts of the fame treason, or the confession of the defendant in open court. ..... appears, that he actually enlisted in a corps belonging to the enemy; but, it also appears, that he had previously been taken prisoner by them, and confined at wilmington. .....

The Resolution

Court : US Supreme Court

..... the force of the reasoning which has been employed to shew, that the name of kender mason was inserted by mistake; but, as mason, who appears to us to be a partner in three partnerships, and to have been the active person in shipping this part of the cargo, has acknowledged, for himself and company, that kender mason was a shipper, and the evidence, upon a careful review of it, leaves an opening to apply that acknowledgment to a concern in the three ..... but if the manifest, passport and certificate had no reference to the bills of lading, but were contradictory and inconsistent, and the persons avowed by the bills of lading to be the owners of the property were not capitulants, it is not a novelty in the game of fraud, to furnish a ship with such papers as proclaimed a contradiction to the ..... the bills of lading correspond with the column of marks; and the persons described as shippers in the manifest, are ascertained by the bills of lading to be persons, who acted principally as attorneys, managers, or agents, for those who are mentioned in the bills to own the property for which the bills are taken; the property in the bills being in the general produce ..... successive days; and on the 24th of january 1782, the following revisionary decree (altering the suspended decree only as to a part of the cargo) was delivered by william paca, and cyrus griffin, the presiding commissioners. ..... possession of the ship's papers, and captain waterburgh, the captain of the resolution, was made prisoner. .....

Respublica Vs. Mesca

Court : US Supreme Court

..... mesca et court of oyer and terminer, at philadelphia september sessions, 1783 this was an indictment against four italians for the murder of captain pickles; and, upon the arraignment of the prisoners, the court assigned ingersol and swift as counsel for them. ..... the counsel for the prisoners urged, that the stat. ..... and by what authority they could be extended, whether exclusively by an act of the legislature, or, likewise, by the adjudications of the supreme court? ..... prisoners have here a right to the testimony of their witnesses upon oath, and to the assistance of counsel, as well in matters of fact, as of law; which was not the case in england in the year 1353, when that statute was ..... if, therefore, the statute in question has been, by any means, legally in force; a necessity is, seemingly, imposed upon us, to grant the challenge to the array, which has been made on the behalf of the prisoners. ..... whether it was intended by the act, to which i have referred, to include only such statutes as were in force, by an express extension of the legislature; or to comprehend, likewise, such statutes, as had been extended by the judgment of the supreme court, or received there in usage, seems to be, in some ..... he then adverted to several acts of parliament which did not extend, as the act of limitations, jac. 2. .....