Kill - Law Dictionary Search Results
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Kill, Irish for a church or cemetery; used as a prefix to the names of many places in Ireland....
mercy killing
mercy killing ...
Burglary
Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....
Homicide
Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...
Justifiable homicide
Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:-(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person fo...
Game
Game [fr. gaman, Sax.], all sorts of birds and beasts that are objects of the chase. The term is defined by the Game Act, 1831 (1 & 2 Wm. 4, c. 32), as including for the purposes of that Act 'hares, pheasants, partridges, grouse, heath or moor-game, black game, and bustards'; but some of its provisions are directed to trespass in pursuit of woodcocks, snipes, quails, land rails, and coneys.At Common Law game belongs to a tenant and not to a landlord, but leases frequently contain a reservation of the game to the landlord, and before the Game Act, 1831, the right to kill game was restricted to freeholders having 100l. a year freehold, or leaseholders having a 99 years' leasehold of 150l. a year, etc. This Act repeals the (English) Qualification Act of 22 & 23 Car. 2, c. 25, and (after giving the game to landlords in the case of leases made before the Act for less than 21 years-a provision now expired) protects reservations of game by penal provisions. The Act also requires all persons k...
Hare
Hare, a beast of warren. A hare is 'game' within the (English) Game Acts and Game Certificate Acts (see GAME); but by the (English) Hares Act, 1848 (11 & 12 Vict. c. 29), both occupier and owner may kill hares without a certificate, and by the (English) Ground Game Act, 1880 (43 & 44 Vict. c. 47), amended as to moorlands by the (English) Ground Game (Amendment) Act, 1906 (6 Edw. 7, c. 21), the occupier has, 'incident to and inseparable from his occupation' a concurrent right with any other person to kill hares and rabbits on the land occupied. Any agreement purporting to divest an occupier of this right is by s. 3 void. As to such agreements, see Stanton v. Brown, (1901) 1 KB 671; Sherrard v. Gascoigne, (1900) 2 QB 279. See Waters v. Phillips, (1910) 2 KB 465, and Aggs on Agricultural Holdings.The Hares Preservation (Ireland) Act, 1879 (42 & 43 Vict. c. 23), following 27 Geo. 3, c. 35, an act of the Irish Parliament repealed in the same year, made the period between 20th of April and 1...
Infanticide
Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-(1) What is the age of the child?(2) Was the child born alive?(3) If born alive, how long had it lived?(4) If born alive, by what means did it die?If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--(1) Whether she has been delivered of ...
Horses
Horses. The buying of stolen horses is attempted to be checked by 2 & 3 P. & M. c. 7 and 31 Eliz. c. 12, which require a record of sales at markets; see, as to these Acts, Moran v. Pitt, (1873) 42 LJ QB 47. As to the limitation of the liability of railway and canal companies for the carriage of horses, see s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31). As to larceny of horses, see Larceny Act, 1916, s. 3.Cruelty to horses is punishable on summary convic-tion by fine or imprisonment, under the Protection of Animals Act, 1911, s. 1, as amended by the Protection of Animals, etc., Act. 1912, and 9 & 10 Geo. 5, c. 54, requiring the use of anesthetics in certain cases.The slaughter of injured horses by, or by order of, the police is authorized by the same Act, s. 11; while the business of a 'knackers,' defined as a person whose trade it is to kill horses, is strictly regulated by ss. 5 and 6 of the Act and the regulations in the First Schedule thereto. As to Scotland,...
Ignorantia facti excusat, ignorantia juris non excusat
Ignorantia facti excusat, ignorantia juris non excusat. (Ignorance of the fact excuses; ignorance of the law excuses not.) The maxim is often cited simply as Ignorantia legis [or juris] neminem excusat. Therefore, first, money paid with full knowledge of the facts, but through ignorance of the law, is not recoverable if there be nothing against conscience in retaining it; and, secondly, money paid in ignor-ance of the facts is recoverable, provided there have been no laches in the party paying it. See MISTAKE. In criminal cases this maxim applies, as if a man should think he has a right to kill a person excommunicated or outlawed wherever he meets him and does so, this is murder. But a mistake of fact is an excuse, as where a man, intending to kill a thief or house-breaker in his own house, by mistake kills one of his own family, this is no criminal action; see 4 Bl. Com 27. Consult Broom's Leg. Max....
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