Bind Over - Law Dictionary Search Results
Home Dictionary Name: bind overbind over
bind over 1 : to put under a bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require indictment by a grand jury in felony cases, a case will be bound over to the grand jury if the judge or magistrate finds at the preliminary hearing that there is probable cause to believe that the defendant committed the crime. In states that use an information, the case is bound over to the trial court upon a finding of probable cause. vi : to bind a case over [questioned the magistrate's decision to bind over] bind·over n ...
Binding-over
Binding-over. See RECOGNIZANCE....
police court
police court : a court of record in some states that has jurisdiction over various minor offenses and the power to bind over those accused of more serious offenses ...
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
Assizes Relief Act, 1890
Assizes Relief Act, 1890, (52 & 53 Vict. c. 12), to relieve the Court of Assize from the trial of persons charged with offences triable at Quarter Sessions-by which Act justices of the peace are directed to bind over prosecutors to appear at the next practicable Court of Quarter Sessions, in case of the prisoner being committed on a charge there triable, unless such justices think fit for special reasons otherwise to direct, see (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 14 (for power to commit to convenient assizes)....
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Aggravated assaults
Aggravated assaults, 'Aggravated' means aggravated in respect of violence, not by reason of indecency, R. v. Baker, (1876) 46 LJ Ex 75; on females or boys under fourteen, see (English) Offences against the Person Act, 1861, s. 43, which allows two justices, 'if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions of s. 42 as to common assaults and batteries,' to give a convicted offender six months' imprisonment with hard labour or to fine him up to 20l. including costs (the maximum punishment for a common assault being two months' imprisonment, or a fine up to 5l.) and to bind him over to keep the peace. (English) Criminal Justice Act, 1925 (c. 86), s. 39 (2), has increased the fine up to 50l., not including costs.Means the criminal assault accompanied by circumstances that make it more severe, such as the use of a deadly weapon, the intent to commit another crime, or the intent to cause serious bodily har...
Keelson
A piece of timber in a ship laid on the middle of the floor timbers over the keel and binding the floor timbers to the keel in iron vessels a structure of plates situated like the keelson of a timber ship...
Legislative power and judicial power
Legislative power and judicial power, the essence of the distinction between legislative power and judicial power is that the legislature makes new law which becomes binding on all persons over whom the legislature, exercises legislative power; the judicature applies already existing law in the resolution of disputes between particular parties and Judges may not deviate from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative or judical, Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 (2374): 1975 Supp SCC I....
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