Inquisitional - Law Dictionary Search Results
Home Dictionary Name: inquisitionalInquisition
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...
Inquisitional
Relating to inquiry or inquisition inquisitorial also of or pertaining to or characteristic of the Inquisition...
inquisition
inquisition 1 : the act of inquiring or examining 2 : a judicial or official inquiry or examination usually before a jury ;also : the finding that results from such an inquiry ...
Inquisitively
In an inquisitive manner...
Inquisitiveness
The quality or state of being inquisitive the disposition to seek explanation and information curiosity to learn what is unknown esp uncontrolled and impertinent curiosity...
De lunatico inquirendo, writ
De lunatico inquirendo, writ, a process formerly issued to inquire into the condition of a person's mind. Those judges [see (English) Jud. Act, 1873, s. 17; Jud. Act, 1875, s. 7] to whom, by special authority from the sovereign, the custody of idiots and lunatics is entrusted may, upon petition or information, grant a commission in the nature of a writ de lunatico inquirendo (which is analogous to the obsolete de idiota inquirendo), to inquire into the party's state of mind. If the party be found non compos, the care of his person, with a suitable allowance for his maintenance, is usually committed to one of his relations or friends, then called his committee.The proceedings are by way of petition to the Judge in Lunacy under s. 90 of the (English) Lunacy Act, 1890, who either may direct an inquisition with or without a jury, or that an issue be tried before a judge of the High Court or refer the matter to the Master in Lunacy with a view to the appointment of a receiver. Applications ...
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...
Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
Exhumation
Exhumation, the disinterring of an interred corpse. To disinter a dead body without lawful authority is a common law misdemeanour. Unless a body is removed from one consecrated burial place to another by faculty, it is unlawful to remove any body or the remains unless by licence from the Secretary of State [(English) Burial Act, 1857 (c. 81), s. 25; (English) Fees (Increase) Act, 1923 (c. 4), s. 7; Cemeteries Clauses Act, 1847 (c. 65), s. 26]. A coroner may by common law order disinterment within a reasonable time for taking an original inquisition or a fee for the inquisition. For the purpose of cremating bodies already buried, an exhumation licence must be obtained from the Secretary of State.The removal from the earth of something buried esp. a human corpse, disinterment, Black's Law Dic-tionary, 7th Edn., p. 595....
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....
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