Criminal Procedure Act 1885 English - Law Dictionary Search Results
Habeas corpus testificandum
Habeas corpus testificandum (that you have the body to testify), a writ to bring a witness into Court, when he is in custody at the time of a trial. A Secretary of State or a judge of the High Court or of a county Court has power, on a proper application being made to him, to issue a warrant or order to bring up as a witness in any civil or criminal proceeding any prisoner in custody on a criminal charge; see (English) Criminal Procedure Act, 1853 (16 & 17 Vict. C. 30), s. 9; (English) County Courts Act, 1888, s. 112 (see, now, 1934 Act, s. 83); Graham v. Glover, (1855) 5 E. & B. 591; (English) Crown Office Rules, 1906, rr. 228-230; Prisons Act, 1898, s. 11....
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Contra formam statuti
Contra formam statuti, contrary to the form of the statute [in such case made and provided]. The usual conclusion of every indictment, etc., brought for an offence created by statute prior to the Indictments Act, 1915. The (English) Criminal Procedure Act, 1851 (repealed by the Act of 1915), provided that no indictment be had for the insertion of the words 'against the form of the statute' instead of the words 'against the form of the statutes.' See Sch. I. of the (English) Indictments Act, 1915, for examples of indictments now in use....
Autrefois acquit
Autrefois acquit (formerly acquitted), a plea in criminal cases; when a person is indicted for an offence and acquitted, he cannot be afterwards indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted on it; and if he be thus indicted a second time, he may plead autrefois acquit, which will be a good bar to the indictment. The true test, whether such a plea is a sufficient bar, is, whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first, R. v. Emden, (1808) 9 East, 437; R. v. King, 1897 (1) QB 214, explained and distinguished in Rex v. Barron, 1914, s. KB 570; Criminal Procedure Act, 1851 (14 & 15 Vict. c. 100), s. 28; and the (English) Evidence Act, 1851 (c. 99), s. 13....
Contra pacem
Contra pacem (against the peace). It was formerly necessary, in indictments to allege that the offence was committed against the peace of our Lord the King (or Lady the Queen).-(English) Criminal Procedure Act, 1851, s. 24. See (English) Indict-ments Act, 1915....
Handwriting, comparison of
Handwriting, comparison of, allowed by s. 8 of the (English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), which applies to all Courts of Judica-ture, as well criminal as others, and to all persons having by law or consent of parties authority to hear, receive, and examine evidence, and enacts that:Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness or otherwise of the writing in dispute....
Postponment of trial
Postponment of trial. Civil trials in the High Court may be postponed under (English) R.S.C. 1883, Ord. XXXVI.; County Court trials under County Court Rules, 1936, Ord. XIII., Rule 4; and criminal trials under the Criminal Procedure Act, 1851, s. 27....
Addition
Addition, the title, or occupation, and place of abode of a person besides his names. See 1 Hen. 5, c. 5; Termes de la Ley, and compare the Criminal Procedure Act, 1851, s. 24.Means the place of residence, and the profession, trade, rank and title of a person described, and in the case of his father's name, or where he is usually described as the son of his mother, then his mother's name. [Registration Act, 1908 (16 of 1908), s. 2 (1)]Means a structure that is attached to or connected with another building that predates the structure; an extension or annex. Although some courts have held that an addition is merely an appurtenant structure that might not actually be in physical contact with the other building, most courts hold that there must be physical contact of title and appellation appended to a person's name to show rank, occupation, or place of residence. In English Law, there are traditionally four kinds of additions: (1) those of estate, such as yeoman, gentleman, or esquire; (...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
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