Civil Proceeding - Law Dictionary Search Results
Home Dictionary Name: civil proceeding Page: 3Conspiracy
Conspiracy. 'A conspiracy is an agreement by two or more persons to carry out an unlawful common purpose, or to carry out a lawful common purpose by unlawful means. It is a misdemeanour at common law, punishable with fine and imprisonment to any extent; and also with hard labour in the case of ' any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public justice ''(14 & 15 Vict. c. 100, s. 29); see Odgers on the Common Law, 2nd Edn. P. 255. 'If in carrying into effect a criminal conspiracy the conspirators inflict loss and damage on a private individual, he will have a private action for the particular damage which he has thus separately suffered'; ibid. pp. 256, 625. There are also, it seems, what may be called civil con-spiracies, i.e., conspiracies which may be the foundation of an action, though not of an indictment; and there are undoubtedly cases in which two or more persons ca...
Latin information
Latin information. The name of an information and action by the Crown, the Duchy of Lancaster or the Duke of Cornwall in the nature of civil proceedings to recover debt or damages for a tort or otherwise, see A.G. v. Valle-Jones, (1935) 2 KB 209 (damage by loss of services); an English information is an information in equity on the revenue side of the King's Bench Division (see Halsb. L. of E., title 'Crown Practice....
Denman's (Mr.) Act
Denman's (Mr.) Act, 28 & 29 Vict. c. 18 (the Criminal Procedure Act, 1865,), allowing counsel to sum up the evidence where the prisoner is defended by counsel, proof to be given of contradictory statements of adverse witness, and of previous conviction of witness, and comparison to be made of disputed handwriting. The Act, which adapted to criminal trials parts of the (English) Common Law Procedure Act, 1854, applies to civil proceedings in all courts, and the adapted parts of the Act of 1854 have been repealed in the course of Statute Law Revision....
Misnomer
Misnomer, a wrong name. Nil facit error nominis cum de corpore vel persona constat. 11 Rep. 21.--(A mistake in the name does not matter when there is no mistake in the body or person.)Misnomers in civil proceedings are curable under R.S.C. 1883, Ord. XXVIII., and misnomers in criminal pleadings by 7Geo. 4, c. 64, s. 19.As to misnomer of a juror, see Reg. v. Mellor, (1858) Dears. & B. 468...
Trustees, Fraudulent, Punishment of
Trustees, Fraudulent, Punishment of. By the (English) Larceny Act, 1916, s. 21, the appropriation of the trust fund by the trustee to his own use is punishable by penal servitude for seven years, but the sanction of the Attorney-General is necessary for a prosecution by a person other than one who has taken civil proceedings against the trustee and has obtained the sanction of the Court....
Crown
Crown [fr. Couronne, Fr.; corona, Lat.], an ornamental badge of regal power worn on the head by sovereign princes. The word is frequently used when speaking of the sovereign himself, or the rights, duties, and prerogatives belonging to him.The Act of Supremacy (English) (1 Eliz. C. 1), 'restoring to the Crown the Ancient Jurisdiction over the State Ecclesistical and Spiritual and abolishing all Foreign Power repugnant to the same,' after repealing 1 & 2 P. & M. c. 8, reviving the Foreign Citations Act,the Act of Appeals, Abolition of Annates Act, the Act of Submission, the Confirmation of Bishops Act, the Archiepiscopal Licenses Act (23 Hen. 8, Contract Act, 1872 '. 9, 20; 24 Hen. 8, c. 12 l 25 Hen. 8, Contract Act, 1872 -. 19-21; 26 Hen. 8, c. 14; 28 Hen. 8, c. 16), and also repealing 1 & 2 P. & M. c. 6 (see HERESY), enacted that-Such jurisdictions, privileges, superiorities and pre-eminences spiritual and ecclesiastical as by any spiritualor ecclesiastical power or authority hath her...
Capias utlagatum
Capias utlagatum (that you take the out law). This writ is either general, against the person only; or special, against the person, lands, and goods. Outlawry is abolished in civil proceedings; but survives (though long practically disused) for criminal purposes, and a form of the writ (No. 62) may be found in the Appendix to the Crown Office Rules of 1906, which also (by Rules 88-110) provide for procedure to outlawry and in reversal of outlawry....
Crime
Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...
Allowance
Allowance [fr. locare, Lat.; allocare, allogare, It.; alogar, Prov.; louer, allouer, Fr., to place or assign], a deduction, an average payment, a portion.Also in selling goods, or in paying duties upon them, certain deductions are made from their weights, depending on the nature of the packages in which they are inclosed, and which are regulated in most instances by the custom of merchants, and the rules laid down by public offices. These allowances, as they are termed are distinguished by the epithets draft, tare, tret, and cloff.Draft is a deduction from the original or gross weight of goods, and is substracted before the tare is taken off.Tare is an allowance for the weight of the bag, box, cask, or other package in which goods are weighed.Real, or open tare, is the actual weight of the package.Customary tare is, as its name implies, an established allowance for the weight of the package.Computed tare is an estimated allowance agreed upon at the time.Average tare is when a few packa...
Cinque Ports
Cinque Ports [quinque prtus, Lat.], certain anciently enfranchised havens, lying on the coast towards France. In the time of Edward the Confessor there were only there ports, viz., Dover, Sandwich, and Rommey; but in the time of William the Conqueror Hastings and Hythe were added, making five, whence the name Cinque Ports. Winchelsea and Rye were afterwards added by or before the accession of King John, but the old name, though now become inappropriate, was still retained. The (English) Cinque Ports Act, 1855 (18 & 19 Vict. c. 48), abolishes all jurisdiction and authority of the Lord Warden of the Cinque Ports and Constable of Dover Castle, in or in relation to the administration of justice in actions, suits, or other civil proceedings at law or in equity, but with a saving (s. 10) of his Admiralty jurisdiction and certain other rights. The office of Lord Warden is still one of great dignity, and is always held by some person of eminence....
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