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Bail - Law Dictionary Search Results

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Elongatus

Elongatus, a return to a writ de homine replegiando, that the man was out of the sheriff's jurisdiction, whereupon a process was issued, called a capias in withernam, to imprison the defendant himself, without bail or main prize, until he produced him....


Homine replegiando

Homine replegiando, a writ to bail a man out of prison, Reg. Brev. 77. All these writs are totally disused....


In relation to any proceeding in any court

In relation to any proceeding in any court, the proceedings before a Magistrate in which he agrees with the report by the police under S. 169, Criminal Procedure Code, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court, Kamalapati Trivedi v. State of West Bengal, AIR 1979 SC 777: (1980) 2 SCC 91: (1979) 2 SCR 717...


Liberate

Liberate, a writ that lay for the payment of a yearly pension or other sum of money, granted under the Great Seal, and addressed to the treasurer and chamberlain of the Exchequer. Also a writ to the sheriff for the delivery of possession of lands and goods extended or taken upon the forfeiture of a recognizance. Also a writ that issued out of Chancery, directed to a gaoler, for delivery of a prisoner who has put in bail for this appearance, Fitz. N.B. 432....


Traversing Indictment

Traversing Indictment, postponing the trial of it.The (English) Criminal Procedure Act, 1851, s. 16, repeals 60 Geo. 3 & 1 Geo. 4, c. 4, as to the traverse of indictments in cases of misdemeanour, and provides, by s. 27, that no person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of the peace, session of oyer and terminer, or session of gaol delivery; but if the Court upon the application of the person so indicted, or otherwise, thinks that he ought to be allowed a further time to prepare for his defence, or otherwise, such Court may adjourn the trial to the next session, upon such terms as to bail, etc., as shall seem meet, and may respite the recognizances of the prosecutor and witnesses; the prosecutor and witnesses to be bound to attend and prosecute and give evidence, without entering into fresh recognizances....


Namely

Namely, has been stated 'that is to say, explicitly, specifically to wit, on item of legislation, namely-certain bail, Webster's Encyclopadic Unabridged Dictionary of the English Language.Namely, has been stated as 'A difference, in grammatical sense, in strictness exists between the words namely and including. Namely imports interpretation i.e. indicates what is included in the previous term; but including imports addition i.e. indicates something not included, Black's Law Dictionary, 5th Edn.Namely, means 'by name' or, that is to say, Re Brockett, (1908) 1 Ch 185.Namely, the word 'namely' imports enumeration of what is comprised in the preceding clause. In other words it ordinarily serves the purpose of equating what follows with the clause described before, State of Bombay v. Bombay Education Society, AIR 1954 SC 561 (565): (1955) SCR 568....


Precarium

Precarium, a contract by which the owner of a thing, at another's request, gives him the thing to use as long as the owner shall please. This was dis-tinguished from an ordinary gratuitous loan, and in the Roman Law gave rise to different obligations on the part of the borrower, See Storey on Bail., ss. 227, 253 b....


Reddidit

Reddidit, means a person who has personally appeared in order to discharge bail, Black's Law Dictionary, 7th Edn., p. 1282....


Redditit se

Redditit se (he has rendered himself), applied to a principal who renders himself to prison in discharge of his bail....


Sunday

Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...



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