Attainder - Law Dictionary Search Results
Home Dictionary Name: attainder Page: 2Special pleas
Special pleas, pleas not in the form of what were called general issues, but which allege affirmative matter, as infancy, coverture, statute of limitations, etc., see DEFENCE.Special pleas in bar in criminal matters go to the merits of the indictment, and give a reason why the prisoner ought to be discharged from the prosecution: they are of four kinds, viz., a former acquittal, a former conviction, a former attainder, or a pardon...
Sanctuary
Sanctuary, privilege of, existed in England from a period commencing soon after the conversion of the Saxons to Christianity. Its effect was that a person accused of any crime except treason or sacrilege might by flying to any church or churchyard, or even to certain other places in Westminster, Wells, Norwich, or York, or in London to Whitefriars or the Savoy, within forty days, on confession and taking oath of abjuration of the realm (see ABJURATION), escape to a foreign country, under the disability of not being able to return without the royal licence. If arrested during the forty days, he might put in the plea of Sanctuary. The privilege extended to civil as well as criminal process, but was attended by attainder of blood and forfeiture of goods.Sanctuary and abjuration were abolished in 1625 by 21 Jac.1, c. 21, after having been restricted by 26 Hen. 8, c. 13, 27 Hen. 8, c. 19, and 39 Hen. 8, c. 12.Means an area declared as a sanctuary by notification under the provisions of Chap...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Instanter
Instanter, immediately; at once.Trial instanter was had where a prisoner between attainder and execution pleaded that he was not the same who was attainted.When a party is ordered to plead instanter he must plead the same day....
Escheat
The falling back or reversion of lands by some casualty or accident to the lord of the fee in consequence of the extinction of the blood of the tenant which may happen by his dying without heirs and formerly might happen by corruption of blood that is by reason of a felony or attainder...
Civil death
Civil death. A man is said to be civilly dead (civiliter mortuus) when he has been attainted of treason or felony, and, in former times, when he adjured the realm or went into a monastery. The (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), provides that after the passing of that Act no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat.At common law, the loss of rights. Such as the rights to vote, make contracts, inherit, hold public office and sue, Black's Law Dictionary, 7th Edn.Civil death, where a property-owner has not been heard of for more than seven years and is therefore treated as having died a civil death, Sheo Nand v. Deputy Director of Consolidation, Allahabad, (2000) 3 SCC 103....
Bill of pains and penalties
Bill of pains and penalties, a special Act of the legislature which inflicts a punishment, less than death, upon persons supposed to be guilty of treason of felony, without any conviction in the ordinary course of judicial proceedings. if differs from a bill of attainder in this, that the punishment inflicted by the latter is death, 4 Br. & Had. Com. 334....
Autrefois attaint
Autrefois attaint (formerly attainted), an ancient plea in criminal cases (as to which see (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), s. 4), obsolete after the Forfeiture Act, 1870, see ATTAINDER....
Inlaw
To clear of outlawry or attainder to place under the protection of the law...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
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