Non Compos Ment Is - Law Dictionary Search Results
Home Dictionary Name: non compos ment isnon compos mentis
non compos mentis [Latin, literally, not having mastery of one's mind] : not of sound mind : lacking mental ability to understand the nature, consequences, and effect of a situation or transaction ...
Non compos mentis
Non compos mentis, said of a person who is not of sound memory and understanding. See IDIOT, MENTAL DEFECTIVE, and PERSON OF UN-SOUND MIND....
Dum non fuit compos mentis
Dum non fuit compos mentis (while he was not of sound mind), an abolished writ that lay, when a man not of sound mind had aliened any lands or tenements, to recover them from the alienee, Fitz. N.B. 499...
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 ...
Reprieve
Reprieve [fr. reprendre, Fr., to take back], the suspension of the execution of a criminal's sentence.It may take place (1) ex mandato regis, at the mere pleasure of the Crown.Or (2) ex arbitrio judicis, either before or after judgment; as, where the judge is not satisfied with the verdict, or the indictment is insufficient, or any favourable circumstances appear in the criminal's character, in order to give time to apply to the Crown for either an absolute or conditional pardon.Or (3) ex necessitate legis; as where a woman is capitally convicted and pleads her pregnancy. See JURY FMATRONS.Or (4) if the criminal become non compos, 4 Steph. Com.Temporary postponement of execution of a criminal sentence, esp. a death sentence, Black's Law Dictionary, 7th Edn., p. 1305.Reprieve, is derived from reprendre, to keep back, and signifies the withdrawing of the sentence for an interval of time, and operates in delay of execution, A Practical Treatise on the Criminal Law 757, 2nd Edn., 1826.Mean...
Sententia non fertur de rebus non liquidis; et oportet quod certa res deducatur in judicium
Sententia non fertur de rebus non liquidis; et oportet quod certa res deducatur in judicium (Jenk. Cent. 7), sentence is not given on things not proven; and something definite ought to be brought to judg-ment....
compos mentis
compos mentis [Latin, literally, having possession of one's mind] : competent ...
Compos mentis
Compos mentis (of sound mind)....
De non apparentibus et non existentibus eadem est ratio
De non apparentibus et non existentibus eadem est ratio. 5 Rep. 6.-(As to things not apparent, and those not existing, the rule is the same.) The maxim applies where a party seeks to rely on writings not produced in Court, which have, on account of such non-production, to be treated as non-existent (Broom's Max.), unless they can be proved by secondary evidence....
Financial non-viability
Financial non-viability, The expression 'financial non-viability' has not been defined in the Income Tax Act but the Finance Minister's speech, the Notes on Clauses of the Bill and the Memorandum explaining the provisions thereof make it clear that the financial non-viability of an undertaking has been equated with the 'sickness' of such undertak-ing and obviously in the context of its revival by a sound undertaking the sickness must be of a temporary character and not any basic or permanent sickness. An undertaking which is basically or potentially non-viable will ordinarily be incapable of revival and would face a closure; in other words, the financial non-viability spoken of by the s. must refer to sickness brought about by temporary adverse financial circumstances that disables the unit to stand and work on its own. Since the expression is occurring in a taxing statute in the context of amalgamation of companies it will have to be understood in its popular sense, that is to say, th...
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