Indicted - Law Dictionary Search Results
Home Dictionary Name: indicted Page: 4Preferred
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...
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.'...
Jervis's Acts
Jervis's Acts, (English) 11 & 12 Vict. cc. 42 (the Indictable Offences Act,1848), 43 (the Summary Jurisdiction Act, 1848), and 44 (the Justices Protec-tion Act, 1848), regulating (1) the commitment by justices of persons accused of indictable offences; (2) the summary conviction by justices of persons charged with trivial offences: and (3) the bringing of actions against justices-so called because they were prepared and passed through Parliament by Chief Justice Jervis, then Attorney-General, in 1848. These Acts, as amended, are still in force....
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....
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....
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Crime
Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...
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...
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