Preamble - Law Dictionary Search Results
Home Dictionary Name: preamble Page: 3Torture
Torture, an account of this atrocious expedient may be found in the Encyclop'dia Britannica (tit. 'Torture'). Reference may also be made to Jardine's Reading on the Use of Torture in the Criminal Law of England previously to the Commonwealth (1837), and an article by Mr. Wyatt Paine in the Law Times of January 28th, 1905, at p. 294, where attention is directed to the preamble of the Act for Pirates, 27 Hen. 8, c. 4 (repealed by the (English) Statute Law Revision Act, 1863).The infliction of intense pain to body or mind to punish; to extract a confession or information, or to obtain sadistic pleasure, Black's Law Dictionary, 7th Edn., p. 1498.Torture is strictly the infliction of gradually increasing pain for the purpose of extracting confession, or accusation, but it is also used in the secondary sense of those 'cruel and unusual punishments' which, by the Bill of Rights of 1688, 'ought not to be inflicted.' The peine forte et dure (see that title) is also a kind of torture in the prim...
Trinity house
Trinity house, a society at Deptford Strond, incor-porated by Henry VIII. in 1515, for the promotion of commerce and navigation by licensing and regulating pilots, and ordering and erecting beacons, lighthouses, buoys, etc., and stated in the preamble of 8 Eliz. c. 13 to be 'charged with the conduction of the Queen's Majesty's Navy Royal, and bound to foresee the good increase and maintenance of ships, and of all kinds of men trained and brought up to watercraft most meet for Her Majesty's marine service.' Under the Harbours, Docks and Piers Clauses Act, 1847 (q.v.), buoys are to be laid down as may be directed by, and lighthouses, beacons are not to be erected, nor are lights to be exhibited, without permission of Trinity House.The Trinity House, by the Merchant Shipping Act, 1894, repealing and re-enacting the Merchant Shipping Act, 1854, is the chief lighthouse and pilotage authority for England, and the Scots and Irish Boards are to some extent under its control, Pulling's Shipping...
Uniformity, Act of
Uniformity, Act of, (English) 14 Car. 2, c. 4, 'for the Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons of the Church of England' (now partly repealed), received the Royal Assent on May 19, 1662 and came into operation on August 24 (the feast of St. Bartholomew) following (see Lane's Notes on English Church History).After a long preamble setting forth the preparation of the Prayer Book by several Bishops and other Divines appointed by the King, its approval by the two Convocations, and stating that 'nothing more conduceth to the peace of this nation, nor to the honour of our religion and the propagation thereof, than an universal agreement in the public worship of Almighty God.' The Act directs that:All and singular ministers in any cathedral, collegiate or parish church or chapel or other place of public worship within this realm of England, d...
University
University, an association of learners, and of teachers and examiners of the learners, upon whose report the association grants upon whose report the association grants titles called 'degrees' (such as 'Master of Arts,' 'Doctor of Divinity'), showing that the holders have attained some definite proficiency.The English Universities are those of Oxford, Cambridge (incorporated by 13 Eliz. c. 29, by the two names of the Chancellor, Masters and Scholars of the University of Oxford and Cambridge respectively, with the direction that they shall be called and named by none other name for evermore), Durham, London, Victoria of Manchester, Birmingham, Liverpool, Leeds, Sheffield, Bristol, and East Midland University Nottingham, the graduates of which (see University of Liverpool Act, 1904; (English) University of Leeds Act, 1904; and (English) Sheffield University Act, 1914) have equal statutory privileges and exemptions; and Reading University (see 18 & 19 Geo. 5, c. 25). There is also the Uni...
Year
Year, means a period commencing on 1st April and ending on 31st March next following. [Rajasthan Public Libraries Act, 2006, s. 2(t)]Means a year commencing on 1st day of April. [Equity Linked Savings Scheme, 2005, s. 2(g)][fr. gear, Sax.], 365 days, twelve calendar months, fifty-two weeks and one day, or in Leap Year (q.v.) 366 days, i.e., fifty-two weeks and two days.The first day of the year was legally altered for England from the 25th of March to 1st of January in and after 1752 by the Calendar (New Style) Act, 1750 (24 Geo. 2, c. 23) (Chitty's Statutes, tit. ' Time '), but as appears from the preamble to that statute, the 1st of January had been the first day of the year in Scotland, in other nations, and by ' common usage throughout the whole kingdom.' See CALENDAR generally, when a statute speaks of a year it must be considered as twelve calendar and not lunar months, Bishop of Peterborough v. Catesby, 1608 Cro Jac 166.For the termination of the statutory year for certain finan...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Nonagium, or Nonage
Nonagium, or Nonage, a ninth part of movables which was paid to the clergy on the death of persons in their parish, and claimed on pretence of being distributed to pious uses, Blount.The condition of being under twenty one years of age and consequently not of as to marriage one's property and affairs. [Preamble, Indian Majority Act]...
Park
Park [fr. parcus, Lat., fr. parco, to spare], a place of privilege for wild beasts of venery, and other wild beasts of the forest and chase; who are to have a firm place and protection there, so that no man may hurt or chase them without licence of the owner. A park differs from a forest, in that, as Compton observes, a subject may hold a park by prescription or royal grant. It differs from a chase because a park must be enclosed; if it lie open, it is a good cause of seizing it into the sovereign's hands, as a free chase may be if it lie enclosed. To a park three things are required-1st, a grant thereof; 2nd, enclosure by pale, wall, or hedge; 3rd, beasts of a park, such as buck, does, etc.; see Sir Charles Howard's case, 1626 Cro Car 59; Pease v. Courtney, (1904) 2 Ch 509. The word 'park,' as used in the (English) Settled Land Acts, is not confined to an ancient legal park but includes an ordinary private park (Pease v. Courtney).Royal Parks.-As to the management of the royal parks s...
Capitulation
Capitulation [fr. Capitulo, Lat., to treat upon terms; fr. Capitulum, a little head or division], the treaty which determines the conditions under which a besieged place is surrendered to the commanding officer of the besieging army; (2) an agreement by which the prince and the people, or those who have the right of the people, regulate the manner of government.--An arrangement between states providing certain immunities for or reserving jurisdiction over subjects of one state within the territory of another. See the (English) Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37), Preamble....
establish
establish 1 : to institute (as a law) permanently by enactment or agreement [we the people of the United States…do ordain and this Constitution "U.S. Constitution preamble"] 2 : to make firm or stable 3 : to bring into existence : found [Congress shall have power…to post offices and post roads "U.S. Constitution art. I"] ;specif : to found (a national bank) pursuant to a charter 4 : to make (a church) a national or state institution see also establishment, establishment clause 5 : to put beyond doubt : prove 6 : to place in a position of being accepted or followed [a rule ed by case law] ...
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