Bigamy - Law Dictionary Search Results
Home Dictionary Name: bigamyBigamy
Bigamy. By the Offences against the Person Act, 1861, s. 57, whomsoever, being married, shall marry any other person during the life of the former husband or wife . . . shall be guilty of a felony punishable by penal servitude for not more than seven years, or less than three, or by imprisonment for not more than two years, with or without hard labour. That section, however, does not apply to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty or to any person whose husband or wife shall have been continually absent for seven years from such person, and shall not have been known to such person to be living within that time; or even, as was held in Reg. v. Tolson, (1889) 23 QBD 168, by nine judges to five, to a person re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was...
bigamy
bigamy [Medieval Latin bigamia, ultimately from Latin bi- two + Greek gamos marriage] : the crime of marrying someone while still legally married to someone else compare polygamy big·a·mist [-mist] n ...
bigamous
bigamous 1 : guilty of bigamy [a spouse] 2 : involving bigamy [a marriage] ...
Bigamous
Guilty of bigamy involving bigamy as a bigamous marriage...
Deuterogamy
A second marriage after the death of the first husband of wife in distinction from bigamy as defined in the old canon law See Bigamy...
Absence of accused
Absence of accused, The accused must be present at the trial in cases of treason and felony, and cannot be sentenced in his absence, R. v. Hales, (1924) 1 KB 602.In cases of indictable misdemeanours, though the accused's presence at the actual trial is not absolutely essential, he must be present at the preliminary inquiry. With regard to summary jurisdiction, the justices may proceed ex parte after proof of service of the summons.Absence of husband or wife for seven years is, under certain circumstances, a defence on an indictment for bigamy. See BIGAMY....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
freedom of religion
freedom of religion :the right esp. as guaranteed under the free exercise clause of the First Amendment to the U.S. Constitution to practice one's religion or exercise one's beliefs without intervention by the government and to be free of the exercise of authority by a church through the government see also free exercise clause NOTE: The freedom of religion as guaranteed by the First Amendment can be overcome by a showing by the government of a compelling state interest. On this basis, practices used in some religions, such as drug use and bigamy, are prohibited despite the First Amendment guarantee. ...
moral turpitude
moral turpitude 1 : an act or behavior that gravely violates the sentiment or accepted standard of the community 2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense [a crime involving moral turpitude] compare malum in se NOTE: Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony. Theft, perjury, vice crimes, bigamy, and rape have generally been found to involve moral turpitude, while liquor law violations and disorderly conduct generally have not. ...
polygamy
polygamy : the offense of having several and specif. more than two spouses at one time compare bigamy po·lyg·a·mous [-məs] adj ...
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