Indictable - Law Dictionary Search Results
Home Dictionary Name: indictable Page: 4return
return 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…to the proper clerk within sixty days "J. H. Friedenthal et al."] [the grand jury ed six indictments] [ed a verdict of not guilty] 2 : to bring in or produce (as earnings or profit) : yield re·turn·able adj n 1 a : the delivery of a court order (as a writ) to the proper officer or court b : proof of service 2 : return day 3 : an account or formal report (as of an action performed or duty discharged or of facts and statistics) [census s] ;esp : a set of tabulated statistics prepared for general information usually used in pl. 4 a : a report of the results of balloting [election s] b : an official declaration of the election of a candidate [each house shall be the judge of the elections, s,...
arraign
arraign [Anglo-French arrainer, from Old French araisnier to address, call to account, from a-, prefix stressing goal of an action + raisnier to speak] : to bring (a defendant) before a judge or magistrate to hear the charges and to plead usually either guilty or not guilty compare indict NOTE: For a person to be formally arraigned, he or she must be called by name before a judge or magistrate. The judge or magistrate makes sure that the defendant is the person named in the complaint, indictment, or information, which is then read to formally notify the defendant of the charges. The defendant may then enter a plea of guilty, not guilty, or another plea allowed by law such as nolo contendere. In some cases, as when the defendant is not yet represented by a lawyer, the judge or magistrate may enter a plea of not guilty on the defendant's behalf. ar·raign·ment n ...
Force and arms
Force and arms [vi et armis, Lat.], words usually inserted in an indictment, though not absolutely necessary, 14 & 15 Vict. c. 100, s. 24. They were also formally inserted in every declaration for trespass, in order to give the Court of Common Pleas or Exchequer jurisdiction, but were rendered unnecessary by the Common Law Procedure Act, 1852 (15& 16 Vict. c. 76), s. 49.The phrase was used in Common-Law pleading in declaration of trespass and in indictment to denote that the offending act was violently. Black's Law Dictionary, 7th Edn., p. 657....
Preferred
Preferred, 'preferred' is a word of dual import; its semantics depend on the scheme and the context; its import must help, not hamper, the object of the enactment even if liberty win language may be necessary. Black's Law Dictionary gives the following meaning: PREFER: To bring before; to prosecute; to try to proceed with. Thus, preferring an indictment signifies prosecuting or trying an indictment. To give advantage, priority, or privilege; to select for first payment, as to prefer one creditor over others. Thus it may mean 'prosecute' or effectively pursue a proceeding or merely institute it. Purposefully interpreted, pre-ferring an appeal mean more than formally filing it but effectively pursuing it, Commissioner of Income Tax v. B.N. Bhattacharjee, AIR 1979 SC 1725 (1734): (1979) 4 SCC 121: (1979) 3 SCR 1133.Preferred, is a word of dual import; its semantics depend upon the scheme and the content; its import must help, not hamper, the object of the enactment even if liberty with la...
Prefer
Prefer, means to bring before; to prosecute; to try; to proceed with. Thus, preferring an indictment signifies prosecuting or trying an indictment, Black's Law Dictionary.Prefer, to apply, to move for; as 'to prefer for costs' is a phrase for 'to apply for costs.'...
Peer
Peer, an equal; one of the same rank; a member of the House of Lords, as either Duke, Marquis, Earl, Viscount, or Baron, or Scots or presumably Irish representative peer, although the status of Irish representative peers is apparently undecided owing to the establishment of the Irish Free State. The king cannot create a dignity with a mesne between baron and baronets (Co. Litt. 16, b, Hargrave note 8).A member of the House of Lords cannot become a member of the House of Commons, nor can be vote at an election to that House, Earr Beauchamp v. Madresfield, (1872) LR 8 CP 245, although an Irish non-representative peer (Lord Rendlesham v. Haward, (1873) LR 9 CP 252); but an Irish non-representative peer may, presumably, be elected a member of the House of Commons for any seat in Great Britain. A peer cannot surrender his dignity to the king so as to affect the rights of his descendants therein (The Norfolk Earldom, 1907, AC 10). See Jac. Law Dict.; Co. Litt. 160.Under the rule, established...
Parchment
Parchment, skins of sheep dressed for writing [fr. pergamena, Lat.], so called because invented at Pergamus, in Asia Minor, by King Eumenes, when paper, which was in use in Egypt only, was prohibited by Ptolemy to be transported into Asia. It is used for deeds; and was used for writs of summons previously to November 1, 1875. See Judicature Act, 1875, R.S.C. Ord. V., R. 10; Ord. LXVI., R. 3. As to repeal of provision in Coroners Act, 1887, which maintained the use of parchment in the case of inquisitions by coroners of murder and manslaughter till 1916, see Indictments Act, 1915, Sch. II. Indictments may be on durable paper (ibid., Sch. I.)....
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
Nolle prosequi
Nolle prosequi (to be unwilling to prosecute) was a proceeding in the nature of an undertaking by the plaintiff when he had misconceived the nature of the action, or the party to be sued, to forbear to proceed in a suit altogether, or as to some part of it, or as to some of the defendants. It differed from a non pros., which put a plaintiff out of Court with respect to all the defendants. See now DISCNTINUANCE. The King by his Attorney-General may enter a nolle prosequi on an information or indictment: this does not operate as a bar to anew indictment. Consult Jac. Law Dict.; Robertson, 'Civil Proceedings.'...
Fox's Act
Fox's Act, 32 Geo. 3, c. 60 [the (English) Libel Act, 1792], which secured to juries, upon indictments for libel, the right of pronouncing a general verdict of guilty or not guilty upon the whole matter in issue, and no longer bound them to find a verdict of guilty on proof of the publication of the paper charged to be a libel, and of the sense ascribed to it in the indictment. See LIBEL. Consult Odgers on Libel....
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