Inquest - Law Dictionary Search Results
Home Dictionary Name: inquest Page: 3Kirby's Quest
Kirby's Quest, an ancient record remaining with the remembrancer of the Exchequer, so called from its being the inquest of John de Kirby, treasurer to King Edward I, Jac. Law Dict....
Inquisition
Inquisition, inquiry, inquest; the finding of a tribunal charged to inquire. The three best known inquisitions are:-1. A coroner's inquisition, which is [see (English) Coroners Act,1887, s. 4, sub-s. 3] a certificate of the verdict of the jury, 'setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceased came by his death; and if he came by his death by murder or manslaughter, the persons, if any, whom the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.' The inquisition must be signed by the jurors. A form is given in the Third Schedule of the (English) Coroners Rules, 1927 (S.R. & O. 1927, No. 344/L. 13). See also CORONER.2. Inquisition as to lunacy, which is an inquiry directed by the judge in lunacy, as to whether a person is of unsound mind and incapable of managing his affairs. It is held before a jury, if the person alleged to be of unsound min...
Inquisitio post mortem
Inquisitio post mortem (inquest after death). This was an inquisition taken after the death of a tenant in capite (a class comprising at one time almost all the men of property in the kingdom) in which the death of the deceased tenant and the name and age of his heir were found by a jury and returned of record. As evidence of pedigrees these inquisitions were of the utmost value. See Hubback on Succession, p. 584....
Compertorium
Compertorium, a judicial inquest in the Civil Law, made by delegates or commissioners to find out and relate the truth of a cause, Paroch. Antiq. 575....
Felo de se
Felo de se (a felon with respect to himself); one who feloniously commits suicide. The barbarous mode of burying such persons, in a place where four roads met, with a stake driven through their bodies, was abolished by 4 Geo. 4, c. 52, which directed burial in the churchyard or other burial ground (without divine service) between the hours of nine and twelve at night. The (English) Interments (Felo de se) Act, 1882 (45 & 46 Vict. c. 19), repealed and re-enacted the above Act, omitting the provisions as to the hours of burial, and allowing, by permission of the ordinary, a religious service, the Prayer Book expressly forbidding the use of the Burial Service therein contained in the case of those who die 'laying violent hands on themselves,' Escheat or forfeiture for felony is abolished by the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23). A coroner's inquest (see CORONER) must beheld in every case of suicide, and in the absence of evidence of unsoundness of mind a verdict of felo...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
Enquest
Enquest. See INQUEST....
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
Civilization
Civilization, a law, act of justice, or judgment, which renders a criminal process civil; which is performed by turning an information into an inquest, or the contrary. Also the assimilation of Common Law to the Civil Law (Oxf. Dict.)....
Civil death
Civil death. A man is said to be civilly dead (civiliter mortuus) when he has been attainted of treason or felony, and, in former times, when he adjured the realm or went into a monastery. The (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), provides that after the passing of that Act no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat.At common law, the loss of rights. Such as the rights to vote, make contracts, inherit, hold public office and sue, Black's Law Dictionary, 7th Edn.Civil death, where a property-owner has not been heard of for more than seven years and is therefore treated as having died a civil death, Sheo Nand v. Deputy Director of Consolidation, Allahabad, (2000) 3 SCC 103....
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