Hard Labour - Law Dictionary Search Results
Home Dictionary Name: hard labour Page: 4 Page 4 of about 39 results ( seconds)Escape
Escape [fr. echapper, Fr., to fly from], a violent or private evasion out of some lawful restraint; as where a man is arrested or imprisoned, and gets away before he is delivered by due course of law. Escapes are either in civil or criminal cases.(1) Civil. The abolition of imprisonment for debt has rendered this all but obsolete, and the sheriff is expressly discharged from any liability by s. 31 of the Prison Act, 1877, repealed and re-enacted by s. 16, sub-s. 2, and s. 39 of the (English) Sheriffs Act, 1887. Escapes are either voluntary, by the express consent of the keeper, after which he never can take his prisoner again (though the plaintiff may retake him at any time), but the sheriff had to answer for the debt, and he had no remedy over against the person escaping; or, negligent, where a prisoner escapes without his keeper's knowledge or consent, and then upon fresh pursuit the defendant may be retaken, even on a Sunday, and the sheriff was excused, if he had him again, before ...
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...
Bigamy
Bigamy. By the Offences against the Person Act, 1861, s. 57, whomsoever, being married, shall marry any other person during the life of the former husband or wife . . . shall be guilty of a felony punishable by penal servitude for not more than seven years, or less than three, or by imprisonment for not more than two years, with or without hard labour. That section, however, does not apply to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty or to any person whose husband or wife shall have been continually absent for seven years from such person, and shall not have been known to such person to be living within that time; or even, as was held in Reg. v. Tolson, (1889) 23 QBD 168, by nine judges to five, to a person re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was...
Apprentice
Apprentice [fr. apprendre, Fr., to learn], a person bound by indentures of apprenticeship to a tradesman or artificer ,who covenants to teach him his trade or mystery. The master is bound to instruct his apprentice, and to make him master of the art so far as his capacity to learn will permit. If the master die, or become bankrupt, or abandon the trade, the obligation of the apprentice is at an end. Conversely, that the apprentice has done anything incompatible with faithful service, is a just cause of dismissal, Pearce v. Foster, (1886) 17 QBD 536 CA, and see Learoyd v. Brooks, 1891 (1) QB 431. An infant can bind himself by a deed of apprenticeship, Green v. Thompson, 1899 (2) QB 1. With regard to apprentices for the mercantile marine, see The (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). Apprentices are within the Workmen's Compensation Act, 1925, ss. 3 and 35. Justices of the peace have jurisdiction in many questions between master and apprentice. For instance, the (E...
Aggravated assaults
Aggravated assaults, 'Aggravated' means aggravated in respect of violence, not by reason of indecency, R. v. Baker, (1876) 46 LJ Ex 75; on females or boys under fourteen, see (English) Offences against the Person Act, 1861, s. 43, which allows two justices, 'if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions of s. 42 as to common assaults and batteries,' to give a convicted offender six months' imprisonment with hard labour or to fine him up to 20l. including costs (the maximum punishment for a common assault being two months' imprisonment, or a fine up to 5l.) and to bind him over to keep the peace. (English) Criminal Justice Act, 1925 (c. 86), s. 39 (2), has increased the fine up to 50l., not including costs.Means the criminal assault accompanied by circumstances that make it more severe, such as the use of a deadly weapon, the intent to commit another crime, or the intent to cause serious bodily har...
Accounts, falsification of
Accounts, falsification of, a misdemeanour on the part of a clerk, etc., by the (English) Falsification of Accounts Act, 1875 (38 & 39 Vict. C. 24), punishable by penal servitude up to seven years or imprisonment, with or without hard labour, up to two years, see R. v. Oliphant, 1905 (2) KB 67. The document or account mentioned in s. 1 of that Act must belong to or be in possession of the employer, R. v. Palin, 1906 (1) KB 7. Falsification of accounts may amount to forgery within the (English) Forgery Act, 1913 (3 & 4 Geo. 5, c. 27) [Re Arton, 1896 (1) QB 509]. The falsification of a mechanical means of recording an account, e.g., a taxi-meter, and thereby defrauding the employer, is within the Act, R. v. Solomons, (1909) 2 KB 980. As to officers of companies and bodies corporate keeping fradulent accounts, etc., see (English) Larceny Act, 1861 (24 & 25 Vict. C. 96), ss. 82-84, and (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 20; in the case of a company being wound up. (Engli...
Abusing children
Abusing children, having carnal intercourse with young girls. If the girl be under the age of 13 (formerly 10 and afterwards 12) years, the offences is a felony punishable with penal servitude for life; if the girl be above the age of 13 (formerly 10 and afterwards 12) and under 16 (formerly 12 and afterwards 13), the offence is a misdemeanour punishable by imprisonment, with or without hard labour, to the extent of two years, (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. C. 69), repealing the (English) Offences against the Person Act, 1875, repealing 24 & 25 Vict. C. 100, ss. 50, 51, which fixed lesser ages as above. The (English) Criminal Law Amendment Act, 1922 (12 & 13 Geo. 5, c. 56), amends the Act of 1885, so that in the case of the second of the above-mentioned offences, it shall be a sufficient defence if it shall be made to appear to the Court or jury that the person charged had reasonable cause to believe that the girl was of, or above the age of 16, but only if h...
felony
felony pl: -nies : a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor ;specif : a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder, treason NOTE: Originally in English law a felony was a crime for which the perpetrator would suffer forfeiture of all real and personal property as well as whatever sentence was imposed. Under U.S. law, there is no forfeiture of all of the felon's property (real or personal) and such forfeiture is not part of the definition of a felony. For certain crimes, however (as for a conviction under the Racketeer Influenced and Corrupt Organizations Act or a narcotics law), specific property, such as that used in or gained by the crime, is subject to forfeiture. Every state has its own statutory definition of a felony. Most are in line with the federal definition of a felony as a crime which carries a sentence of imprisonment for more than one year or the death ...
Difficult
Hard to do or to make beset with difficulty attended with labor trouble or pains not easy arduous...
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