Imprison - Law Dictionary Search Results
Home Dictionary Name: imprison Page: 3Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Hard 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....
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Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it.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...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
Specific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Emprison
See Imprison...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
confine
confine con·fined con·fin·ing : to hold within a location ;specif : imprison ...
incarcerate
incarcerate -at·ed -at·ing [Latin incarceratus, past participle of incarcerare, from in- in + carcer prison] : imprison in·car·ce·ra·tion [in-kÄ r-sə-rā-shən] n ...
Court-baron
Court-baron, a court which, before 1926 (see COPYHOLDS), although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings.This court might be held at any place within the manor, giving fifteen days' notice, including three Sundays. Of the day when the court will be held; but three or four days' notice have been deemed sufficient. It was frequently held together with the court-leet, and generally assembled but once a year.The freehold tenants alone were suitors to the Court-baron; and it was essential to the existence of the court that there should be two suitors at the least; for since freemen can only be tried by their peers or equals, should there be but one freeman, he could then have no peer or judge, and consequently he had to appeal to the co...
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