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Home Dictionary Name: children Page: 4Pallio cooperire
Pallio cooperire. It was anciently a custom where children were born out of wedlock and their parents afterwards intermarried, that the children, together with the father and mother, stood under a cloth extended while the marriage was solemnised. It was in the nature of adoption. The children were legitimate by the Civil, but not by the Common, Law, Jac. Law Dict. see BASTARD....
Natural child
Natural child, the child in fact, the child of one's body. Some children are both the natural and legitimate offspring of a marriage, i.e., those duly born in wedlock. Some are the legitimate but not the natural offspring of a marriage, i.e., those who are born in wedlock, and never bastardized, although begotten in adultery and in fact the natural children of a stranger. See Shakespeare's King John, Act i., sc. 1. [Indian Succession Act]Some are natural children only; i.e., bastards, born out of wedlock, and those born in wedlock, who are bastardized, and hence the word is popularly more often used as though it were simply equivalent to bastard. See LEGTIMATION; BASTARD and BASTARDIZE....
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...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Corroboration
Corroboration, evidence in support of principal evidence, e.g., in addition to that of the mother, to charge the father of an illegitimate child under the Bastardy Acts. See AFFILIATION.In an action for breach of promise of marriage the plaintiff may give evidence, but cannot recover a verdict unless corroborated by other material evidence in support of the promise, 32 & 33 Vict. c. 68, s. 2. See MARRIAGE, PROMISE OF. Corroboration is also required in certain cases under the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69(, ss. 2, 3, and 4 and also by s. 15 (1), (2) of the (English) Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15). By the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 1), s. 38, the evidence of children of tender years, though not given on oath, needs corroboration. See UNUS NULLUS RULE.of a witness's testimony must be afforded by means of independent evidence which implicated by connecting or tending to connect him in a...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Agricultural Gangs Act, 1867
Agricultural Gangs Act, 1867 (English) (30 & 31 Vict. c. 130). This Act, after reciting that in certain counties in England certain persons known as gangmasters hire children, young persons, and women, with a view to contracting with farmers and others for the execution on their lands of various kinds of agricultural work, enacts certain regulations to be observed by gangmasters, and requires them to obtain licences. Amended as to children by the (English) Agricultural Children Act, 1873, ante....
Highness
Highness, a title of honour given to princes. The kings of England, before the time of James I., were not usually saluted with the title of Majesty, but with that of Highness. By Letters Patent of 11th December, 1917, it was provided that the children of a sovereign, and the children of the sons of a sovereign, and the eldest son of the eldest son of the Prince of Wales sall bear the title of Royal Highness and of Prince or Princess. The children of crowned heads generally receive the style of Highness; as also certain rulers of Indian independent states....
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
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