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Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Conspiracy
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...
Danegelt, Danegeld, or Danegold
Danegelt, Danegeld, or Danegold [fr. danegeldum, dane and gelt, tribute], a tribute of 1s., and after-wards of 2s., upon every hide of land through the realm, levied by the Anglo-Saxons for maintaining forces sufficient to clear the British seas of Danish pirates, who greatly annoyed our coasts. It continued a tax until the time of Stephen, and was one of the rights of the Crown, Anc. Insts. Eng....
Explosives
Explosives, as to injuries by, see the Malicious Damage Act, 1861, ss. 9, 10; the Offences against the Person Act, 1861, ss. 28-30, 64, 65; Chitty's Statutes, tit. 'Criminal Law.'The (English) Explosives Act, 1875 (38 Vict. c. 17), as amended and extended by the (English) Explosives Act, 1923 (13 & 14 Geo. 5, c. 17), regulates the manufacture, keeping, sale, and conveyance of gunpowder and other explosives, and the licensing and management of stores, defining 'explosive' in that Act as meaning:gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;And as including:For signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.The ...
Nickel steel
A kind of cast steel containing nickel which greatly increases its strength It is used for armor plate bicycle tubing propeller shafts etc...
Homicide
Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...
House of Lords
House of Lords, a constituent part of Parliament, being composed of the lords spiritual and temporal.The upper chambers of British parliament, of which the 11 member judicial committee provides judge who serve as the final court of appeal in most civil cases, Black's Law Dictionary, 7th Edn.The lords temporal are dukes, marquises, earls, viscounts, and barons. The number of British peerages of different ranks has been greatly augmented from time to time, and there is no limitation to the power of the Crown to add to it by fresh creation.The lords temporal consist of: (1) peers of the United Kingdom, of Great Britain, and of England; (2) the representative peers of Scotland and Ireland; (3) life peers, i.e., Lords of Appeal in Ordinary. The Lord High Chancellor presides.Bankrupts are disqualified from sitting or voting by s. 32 of the Bankruptcy Act, 1883.The assent of the House of Lords was formerly essential to the passing of any act of Parliament, but its powers in this respect had b...
Hundred
Hundred, a subdivision of the county, the nature of which is not known with certainty. In the Dialogus de Scaccario, it is said that a hunred 'ex hydarum aliquot centenariis, sed non determinatis constat; quidam enim ex pluribus, quidam ex pauucioribus constat.' Some accounts make it consist of precisely a hundred hides: others, of a hundred tithing, or of a hundred fee families. Certain it is that whatever may have been its original organization, the hundred, at the period when it became known to us, differed greatly as to the extent in the several parts of England. This division is ascribed to King Alfred, and he may possibly have introduced it into England, though it was established among the Franks in the sixth century. In the capitularies of Charlemagne we meet with it in the form known among us, Capit. 1. 3, c. x. See HUNDREDORS....
Institutes of Lord Coke
Institutes of Lord Coke, four volumes by Lord Coke (more properly called Sir Edward Coke), published A.D. 1628, and very frequently edited. The first is an extensive comment upon a treatise on tenures compiled by Littleton, a judge of the Common Pleas, temp. Edward IV. This comment is a rich mine of valuable Common Law learning, collected and heaped together from the ancient reports and year-books, but greatly defective in method. It is usually cited by the name of Co. Litt., or as 1 Inst. The second volume is a comment upon Magna Charta and other old Acts of Parliament, without systematic order; the third, a more methodical treatise of the pleas of the Crown; and the fourth, an account of the several species of courts, including the High Court of Parliament and of the House of Commons as well as the House of Lords under that title. These are cited as 2, 3, or 4 Inst., without any author's name....
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