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Attainder - Law Dictionary Search Results

Home Dictionary Name: attainder

attainder

attainder [Anglo-French atteinder, from ateindre to convict, sentence, literally, to reach, attain, ultimately from Latin attingere to reach, from ad to + tangere to touch] : the termination of the civil rights of a person upon a sentence of death or outlawry for treason or a felony see also bill of attainder at bill, corruption of blood NOTE: In English law up to the nineteenth century, attainder was the harsh consequence of conviction for treason or a felony. It resulted in the forfeiture of the convicted person's property. It also involved corruption of blood, which barred the person from inheriting, retaining, or passing title, rank, or property. A person outlawed lost the right to seek protection under the law. Article III, Section 3 of the U.S. Constitution prohibits corruption of blood or forfeiture upon a conviction for treason “except during the life of the person attainted,” and Article I, Section 9 prohibits bills of attainder. Attainder was abolished in Engl...


Attainder

Attainder [fr. attaindre, Fr. (attainder, O. F.-Roquef.); attingo, Lat., which signifies the apprehension of the object of a chase], the stain or corruption of the blood of a criminal capitally condemned; it is the immediate inseparable consequence, by the Common Law, of sentence of death being pronounced, or of outlawry for a capital offence. the criminal then becomes dead in law, technically called civiliter mortuus. It differs from conviction in that it is after judgment, whereas conviction isupon the verdict of guilty but before judgment pronounced, and may be quashed upon some point of law reserved, or judgment may be arrested. See Co. Litt. 390 b, 391 a.A descendant may now trace descent through an attainted ancestor by virtue of the (English) Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 10; and by the (English) Forfeiture Act, 1870 (32 & 33 Vict. c. 23), it is now provided that no conviction for treason or felony shall cause attainder or forfeiture. See BILL OF ATTAINDER....


bill of attainder

bill of attainder see bill ...


Bill of attainder

Bill of attainder, a bill declaring a person attainted and his property confiscated....


bill

bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...


attaint

attaint [Anglo-French ateint, past participle of ateindre see attainder ] : to subject (a person) to the consequences of attainder ...


corruption of blood

corruption of blood :the effect of an attainder which bars a person from inheriting, retaining, or transmitting any estate, rank, or title [no attainder of treason shall work corruption of blood "U.S. Constitution art. III"] ...


Corruption of blood

Corruption of blood (now abolished), one of the immediate consequences of attainder for treason or felony. The blood of the attainted person was said to be corrupted or attainted both upwards and down wards, so that he could neither in her it lands nor hereditaments, retain the possession of those in his possession, nor transmit them by descent to any heir, but the same escheated to the lord of the fee, subject to the king's superior right of forfeiture, 4 Bl. Com. 388. See ATTAINDER....


Disability

Disability, incapacity to do any legal act. It is divided into two classes: (1) absolute, which, while it continues, wholly disables the person 'such were outlawry, excommunication, attainder (but see the Forfeiture Act, 1870 (32 & 33 Vict. c.23), s. 1, abolishing attainder on conviction for treason or felony), and acts by statutory bodies or corporations in excess of their statutory powers, see ULTRA VIRES; (2) partial, as infancy, coverture, lunacy, and drunkenness. As to which, see the various titles relating thereto. The compulsory purchase, by railway and other companies, of the lands of persons under disability is regulated by the Lands Clauses Acts, and see ULTRA VIRES.It means--(i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. [The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (i) (i) (ii) (iii) (iv) (v) ...


High Constable of England, Lord

High Constable of England, Lord. His office has been disused (except only upon great and solemn occasions, as the coronation, or the like) since the attainder of Stafford, Duke of Buckingham, in the reign of Henry VII. See CHIVALRY, Court of....


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