Magistrate - Law Dictionary Search Results
Home Dictionary Name: magistrate Page: 4Criminal Charge
Criminal Charge, that in determining whether proceedings for condemnation constituted a 'criminal charge' for the purpose of Article 6 of the convention the court had to consider, Regina (Mudie) v. Dover Magistrates' Ct (CA), (2003) 2 WLR 1344.The court concludes as did the chamber that the nature of the charges together with the nature and severity of the penalties, were such that the charges against the applicants constituted criminal charges with in the meaning of Article 6 of the Convention which article applied to their adjudication hear-ings, R. (Napier) v. Home Secretary (QBD), (2004) 1 WLR 3056. [Human Rights Act, 1998, Art. 6]Possesses an autonomous meaning in the European Court of Human Rights jurisprudence. It is also true that the first of the three criteria, that is the domestic classification of the proceedings, is treated as no more than a starting point, Regina (Mudie) v. Dover Magistrates' Ct, (2003) LR 1238 QB (CA)....
Judicial Act
Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial a...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
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...
Monetary relief
Monetary relief, means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence. [The Protection of Women from Domestic Violence Act, 2005, s. 2(k)]...
Musician, London
Musician, London. The (English) Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55, 'Bass's Act' [Chitty's Statutes, tit. 'Police (Metropolis)'], repealing and strengthening the provisions of s. 57 of the (English) Metropolitan Police Act, 1839, enacts that any householder within the metropolitan police district, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits of any inmate of such house, or for other reasonable or sufficient cause;And every person who shall sound or play upon any musical instrument or shall sing in any thoroughfare or public place near any such house after being so required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for an...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
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