Civil Death - Law Dictionary Search Results
Home Dictionary Name: civil deathCivil 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....
civil death
civil death : the status of a living person equivalent in its legal consequences to natural death ;specif : deprivation of certain civil rights upon conviction for a serious crime ...
death
death : a permanent cessation of all vital bodily functions : the end of life see also brain death, civil death NOTE: Death is usually defined by statute and for purposes of criminal homicide has been held to include brain death. ...
Death
Death. As to the registration of a death, see (English) Births and Deaths Registration Act, 1926 (16 & 17 Geo. 5, c. 48), 37 & 38 Vict. c. 88, 6 & 7 Wm. 4, c. 86, and 7 Wm. 4 & 1 Vict. c. 22. As to an action brought for damages arising from death by accident, neglect, etc., see the (English) Fatal Accidents Acts, 1846 (9 & 10 Vict. c. 93) [(English) Lord Campbell's Act] to 1908, as amended by (English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), s. 2 (q.v.). as to the effect of death after the commencement of an action, see (English) Law Reform (Miscellaneous Provisions) Act, 1934. Apart from these statutes, at Common Law no civil claim for damages can be brought for the death of a human being, Baker v. Bolton, (1808) 1 Camp 493; The Amerika, 1914, P. 167. See BIRTHS, DEATHS AND MARRIAGES; ACTIO PERSONALIS; LAW REFORM; and Public Health Act, 1936 (deaths from infectious diseases). As to punishment of death, see CAPITAL PUNISHMENT.Homicide; includes suicide ...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Dissolution
Dissolution, the act of breaking up. A partnership may be dissolved either by a proper notice, or effluxion of time as agreed upon in the Articles of partnership, or by death, marriage, lunacy, bankruptcy, or by judgment of the High Court, (English) Partnership Act,1890 (53 & 54 Vict. c. 39), ss. 32-34.A dissolution is the civil death of the Parliament, and is effected in two ways:- (1) By the sovereign's will, expressed either in person or by representation. (2) By length of time, i.e., five (formerly seven) years. See (English) Parliament Act, 1911; SEPTENNIAL ACT. By the (English) Representation of the People Act, 1867 (30 & 31 Vict. c.102), s. 51, Parliament is not determined or dissolved by the demise of the Crown.When a company has been completely wound up by the Court, the Court must make an order that the company is dissolved from the date of the Order (English) (Companies Act, 1929 s. 221): as to dissolution on a voluntary winding up see ss. 236 and 245 ibid. Under the same s....
Births, Marriages, and Deaths
Births, Marriages, and Deaths. By the (English) Births and Deaths Registration Act, 1836 (6 & 7 Wm. 4, c. 86), amended by the (English) Births and Deaths Registration Act, 1837 (7 Wm. 4 & 1 Vict. c. 22), a General Register Office is provided for keeping a register of births, deaths, and marriages in England. The Births and Deaths Registration Act, 1874 [37 & 38 (English) Vict. c. 88], amends the laws relating to the Registration of Births and Deaths in England in important particulars, and consolidates the law relating to the registration of births and deaths at sea. This Act (s. 1) imposes upon the father and mother of a child, and in their default, upon the occupier of a house in which to his knowledge a child is born, the duty of giving information to the registrar within 42 days. By s. 10 a corresponding obligation to register a death is imposed upon relatives, etc.By s. 203 of the (English) Public Health Act, 1936, births of any child alive or dead after the twenty-eighth week of ...
Civiliter mortuus
Civiliter mortuus (civilly defunct, i.e., dead inlaw). See CIVIL DEATH....
Death duties
Death duties. These are (1) the Estate Duty, which, by the (English) Finance Act, 1894 (57 & 58 Vict. c. 30), superseded the Probate or Administration Duty leviable under the Stamp Act, 1815, and the Account Duty leviable under the (English) Customs and (English) Inland Revenue Act, 1881; (2) the Succession Duty leviable under the (English) Succession Duty Act, 1853; (English) and (3) the Legacy Duty leviable under the Stamp Act, 1815:- duties leviable on the passing of property by the death of a person to his successors; (4) Settlement Estate Duty was abolished in respect of all deaths after 11th May, 1914, (English) Finance Act, 1914, s. 14. It consisted of 1 per cent., increased to 2 per cent. by the (English) Finance (1909-10) Act, 1910, in addition to other duties on settled property. It was not payable on property settled before August 1st, 1894, and certain allowances are accorded by the (English) Finance Act of 1914. It is still payable in respect of deaths on or before May 11t...
Deportation
Deportation, transportation; exile in to a remote part of the kingdom, with prohibition to change the place of residence. The (English) Penal Servitude Acts, 1853 (16 & 17 Vict. c. 99), and 1857 (20 & 21 Vict. c. 3), substituted terms of penal servitude for transportation sentences for less than fourteen years, and the latter Act abolished transportation entirely. See TRANSPORTATION. Exile, an abjuration, which is a deportation for ever into a oreign land, was anciently with us a civil death. Compare the power of making an expulsion order or deportation order under Order of the Secretary of State, under the (English) Aliens Restriction Acts, 1914 (4 & 5 Geo. 5, c. 12), and 1919 (9 & 10 Geo. 5, c. 92). See ALIEN, and Re Goldfarb, (1936) 52 TLR 254....
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