Non Compos Mentis - Law Dictionary Search Results
Home Dictionary Name: non compos mentisnon 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...
compos mentis
compos mentis [Latin, literally, having possession of one's mind] : competent ...
Compos mentis
Compos mentis (of sound mind)....
Consensus, non concubitus, facit matrimonium
Consensus, non concubitus, facit matrimonium. Co. Litt. 323, (Consent, not cohabitation, constitutes marriage.)Consent in necessary to matrimony, and therefore person non compotes mentis, or a boy under 14 or a girl under 12, or a person under coercion (see Scott v. Sebright, (1886) 12 PD 21), cannot enter into this, or indeed any other contract. But see now Age of Marriage Act,1929 (19 & 20 Geo. 5, c. 36), which avoids any marriage of persons under 16, and see MARRIAGE....
Compos mentis
Sane in mind being of sound mind memory and understanding...
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...
Testamentum, i.e. testatio mentis, facta nullo pr'sentis metu periculi, sed sol' cogitatione mortalitatis
Testamentum, i.e. testatio mentis, facta nullo pr'sentis metu periculi, sed sol' cogitatione mortalitatis. Co. Litt. 322 b.-(A testament, that is, the witnessing of the mind, made not in fear of present danger, but only by the thought of death.)...
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