Not Guilty By Statute - Law Dictionary Search Results
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Not guilty by Statute. Very many Acts from time to time allowed defendants sued for doing things in pursuance of them to plead 'not guilty by statute' (or the general issue, as it was described in the statute). They are mostly repealed by the Public Authorities Protection Act, 1893; but the defence is still provided for by R.S.C., Ord.XIX., r. 12, and Ord. XXI., r. 19. Consult Bullen & Leake, Prec. of Plead., 7th ed. pp. 749, 797. See also Aggson Agricultural Holdings, 4th ed. p. 387....
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
plead
plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...
Birth, Concealing
Birth, Concealing. See Offences against the Person Act, 1861, s. 60, which enacts that every person who shall, by any secret disposition (see R. v. Brown, 1870 LR 1 CCR 244) of the dead body of a child, whether such child died before, at, or after his birth, endeavour to conceal the birth thereof, shall be guilty of a misdeameanour, punishable with imprisonment not exceeding two years. To constitute the offence it must be established that the mother was delivered of a child within the meaning of the statute (see R. v. Colmer, 9 Cox, 506; R. v. Hewitt, 4 F. & F. 1101), that there was a definite act of concealment of the body as distinguished from abandonment, that the child was dead at the time, and that a body has been found and identified with that of the child to whom the charge relates. S. 60 of the Act provides, further, that if any woman tried for the murder of a child is acquitted thereof, she can lawfully be convicted of concealment of birth if there is evidence of that offence....
Mens rea
Mens rea, a guilty mind. See ACTUS NON FACIT REUM, NISI MENS SIT REA. Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be so framed as to make an act criminal, whether there has been any intention to break the law or otherwise to do wrong or not. There is a large body of municipal law at the present day which is so conceived. Bye-laws are constantly made regulating the width of thoroughfares, the height of buildings, the thickness of walls and a variety of other matters necessary for the general welfare, health or commerce, and such bye-laws are enforced by the sanctions of penalties; the breach of them constitutes an offence and is a criminal matter.... and in such a case the substance of the enactment is that a man shall take care that the statutory direction is obeyed and that if he fails to do so he does so at his peril--WILLS, J., R. v. Tolso...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Metropolitan Police Magistrates
Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...
stipulate
stipulate -lat·ed -lat·ing [Latin stipulatus, past participle of stipulari to exact (as from a prospective debtor) a formal guarantee when making an oral contract] vi 1 : to make an agreement or covenant about something (as damages) 2 : to demand a particular promise in an agreement used with for [may…assume or for obligations of all kinds "Louisiana Civil Code"] 3 : to agree respecting an aspect of legal proceedings used with to [stipulated to a dismissal of the claim with prejudice "National Law Journal"] [pleaded guilty to the charge of battery and stipulated to the underlying facts "Luna v. Meinke, 844 F. Supp. 1284 (1994)"] vt 1 : to specify esp. as a condition or requirement of an agreement [parties may not the invalidity of statutes or ordinances "West v. Bank of Commerce & Trusts, 167 F.2d 664 (1948)"] [the contract stipulated that the lessor was responsible for maintenance] [within a stipulated period of time] 2 : to establish (procedure or evidence...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
Assault
Assault [fr. salire, Lat., to leap; saillir, assaillir, Fr., to assai]; insultus, Lat.], an attempt to offer, with force and violence, to do a corporal hurt to another, as by striking at him with or without a weapon. No words, how provoking so ever they be, will amount to an assault. Assault does not always necessarily imply a hitting or blow; because, in trespass for assault and battery, a person may be found guilty of the assault, but not guilty of the battery. But battery always includes an assault, 1 Hawk. P. C. c. lxii., s. 1.The various kinds of assault are successively dealt with and made punishable by ss. 36-47 and ss. 52 and 62 (indecent assaults) of the (English) Offences against the Person Act, 1861. By s. 47 an assault occasioning actual bodily harm is punishable on indictment by penal servitude for not less than three, or imprisonment for not more than two year, and a common assault by imprisonment for not more than one year; but by s. 42 common assaults are summarily tria...
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