Hard Labour - Law Dictionary Search Results
Home Dictionary Name: hard labourHard labour
Hard labour, a punishment said to have been intro-duced by 5 Anne, c. 6. By the (English) Criminal Justice Administration Act, 1914, s. 16(1), 'where a person convicted by or before any Court of an offence is sentenced to imprisonment without the option of a fine, the imprisonment may, in the discretion of the court, be either with or without hard labour, notwithstanding that the offence is an offence at common law, or that the statute under which the sentence is passed does not authorize the imposition of hard labour or requires the imposi-tion of hard labour.' Imprisonment for default in payment of a fine is always without hard labour....
Labour, Hard
Labour, Hard. See HARD LABOUR....
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Dog stealing
Dog stealing is punishable on summary conviction, for the first offence, by six months' imprisonment and hard labour, or fine not exceeding 20l. beyond the value of the dog. A second offence is, however, an indictable misdemeanour, punishable by imprisonment with or without hard labour not exceeding eighteen months. Similar punishment is provided for persons found in possession of dogs or their skins, knowing them to have been stolen, and a justice may order the restoration of the stolen property to the owner. Corruptly taking money or reward, to aid in the recovery of a stolen dog, is punishable by imprisonment with or without hard labour for eighteen months. Dogs are not the subject of larceny at common law. See (English) Larceny Act, 1861, ss. 18, 19, 21 and 22; Larceny Act, 1916, ss. 5 and 48, and Sched...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Accessary, or Accessory
Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In mansla...
Falsification
Falsification.1. Pedigree.--For a vendor or mortgagor or other person disposing of property or any interest therein for money or money's worth to a purchaser of land or chattels real or personal, or for his solicitor or other agent to conceal from the purchaser any instrument or incumbrance material to the title or to falsify any pedigree upon which the title may depend, in order to induce a purchaser or mortgagee or his solicitor to accept the title offered, is a misdemeanour punishable by fine or imprisonment with or without hard labour, or both, for not more than two years, by the (English) Law of Property Act, 1925, s. 183, extend-ing the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 24 (Chitty's Statutes, tit. 'Conveyancing'), and the falsifier is also liable to an action for damages by the same enactment. The fiat of the Attorney-General is required before comm-encing a prosecution. [(English) L.P. Act, 1925, s. 183]2. Official Documents.--Making any mat...
Poaching
Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra).Trespassing in the daytime in pursuit of 'game'--i.e., hares, pheasants, partridges, grouse, heath or moor game, black game, or bustards--or woodcock, snipe, quails, landrail, or rabbits, is punishable summarily by fine up to 2l., and in case of a trespass by five or more, up to 5l.; the leave of the occupier being no defence if the landlord or other person have by reservation the right to kill the game. [See (English) GAME ACT, 1831, ss. 2, 30]Unlawfully taking in the night, i.e., between the expiration of the first hour after sunset and the commencement of the first hour before sunrise, 'game,' as above defined, is punishable summarily by imprisonment with hard labour; and any persons, to the number of three or more, by night unlawfully entering lands, for the purpose of taking or destroying any 'game,' as above defined, or rabbits (any of them being armed with any gun or other ...
Rabbit
Rabbit, also termed 'coney' in the (English) Game Act, 1831, ss. 30-32 of which render trespass in the daytime in pursuit of conies punishable on summary conviction by fine upto 2l; trespassers may be required to quit the land and to tell their names and abodes on pain of arrest on refusal, and similar trespass with violence by five or more armed persons is punishable by fine up to 5l. By the (English) Night Poaching Act, 1828, s. 1, unlawfully taking or destroying game or rabbits by night is punishable on summary conviction by imprisonment up to three months with hard labour (with increased punishments for second or third offences); and by s. 9 of the same Act, armed persons to the number of three or more unlawfully entering land for the purpose of destroying game or rabbits are punishable after conviction on indictment by penal servitude up to ten years or imprisonment with hard labour up to three years.A tenant may shoot rabbits on his farm, although the right of sporting is reserve...
Forced labour
Forced labour, where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the meaning of the words 'forced labour' and attracts the condemnation of Article 23, Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328 (332). (Constitution of India, Article 23)It may be physical force which may compel a person to provide labour or service to another or it may be force exerted through a legal provision such as a provision for imprisonment or fine in case the employee fails to provide labour or service or it may even be compulsion arising from hunger and poverty, want and destitution. Any factor which deprives a person of a choice of alternatives and compels him to adopt one particular course of action may properly be regarded as 'force' and if labour or service is compelled as a result of such 'force', it would be 'forced labour'. Where a person provides labour or service to another for rem...
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