Jervis S Acts - Law Dictionary Search Results
Home Dictionary Name: jervis s actsJervis'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....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Coroner
Coroner. A very ancient officer at the Common Law, so called because he has principally to do with pleas of the Crown, appointed in boroughs by the Borough Council under ss. 171-174 of the (English) Municipal Corporations Act, 1882, and in counties by the County Council, under s. 5 of the (English) Local Government Act, 1888, prior to which Act county coroners were elected by the freeholders in each county.An early definition of his duties was provided by the statute 'De Officio Coronatoris,' 4 Edw. 1, repealed by the consolidating (English) Coroners Act, 1887, which codifies the law as follows:--Where a coroner is informed that the dead body of a person is lying within his jurisdiction, and there is reasonable cause to suspect that such person has died either a violent or an unnatural death, or has died a sudden death of which the cause is unknown, or that such person has dies in prison, or in such place or under such circumstances as to require an inquest in pursuance of any Act, the...
Open Court
Open Court. Every Court of Justice is open to every subject of the King, Scott v. Scott, 1913 AC 417 (440). By statute the place where justices summarily convict is an open Court [(English) Summary Jurisdiction Act, 1848, s. 12], but not so the place where they commit a prisoner for trial at assizes or sessions (Indictable Offences Act, 1848, s. 19). Whether a coroner's court is an open Court is a matter of doub if it is not a Court of Justice; it is submitted that it is not [see Jervis on Coroners, citing Garnett v. Ferrand, (1827) 6 B&C 611]; the general rule is that all courts of justice are open to all so long as there is room see Scott v. Scott, ubi supra, where the whole question of hearing cases in camera is discussed. See also R. v. Gov. of Lewes Prison, (1917) 2 KB 254; and McPherson v. McPherson, 1936 AC 177.Sessions Court holding trial within jail premises is an 'open court', Kehar Singh v. State (Delhi Admn.), AIR 1988 SC 1883: (1988) 3 SCC 609 (703, 711): (1988) Supp 2 SCR...
Treasure-trove
Treasure-trove [thesaurus inventus Lat.], money or coin, gold, silver plate, or bullion found hidden in the earth or other private place, the owner thereof being unknown or unfound, in which case it belongs to the Crown: see Jervis on Coroners, p. 2. Bracton defines it, vetus depositio pecuni'. Concealing treasure-trove is punishable by fine or imprisonment.Coroners have jurisdiction to inquire of treasure-trove, under s. 36 of the Coroners Act, 1887, as theretofore, but not to inquire into any question of title as between the Crown and any other claimant, Attorney General v. Moore, (1893) 1 Ch 676.As to the Roman law on this subject, see Sand. Just....
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