Quarter Sessions - Law Dictionary Search Results
Home Dictionary Name: quarter sessions Page: 3 Page 3 of about 43 results (0.003 seconds)Right to begin
Right to begin. If the affirmative of the issue is on the plaintiff, he, in general, has a right to begin. If in replevin the defendant avow for rent in arrear, and the plaintiff reply reins in arrear, the plaintiff must begin. In any action where the plaintiff seeks to recover damages of an unascertained amount, he is entitled to begin, though the affirmative be with the defendant.In considering, however, which party ought to begin, it is not so much the form of the issue which is to be considered as the substance and effect of it, and the judge will consider what is the substantial fact to be made out, and on whom it lies to make it out. And it seems that, as a general rule, the party entitled to begin is he who would have a verdict against him if no evidence were given on either side.In the Court of Appeal, and in all other civil appeals, the appellant's counsel begins.On an appeal to quarter sessions from the petty sessions, the person who appears in support of the order of the mag...
Indictment
Indictment [fr. indico, Lat., to show], a written accusation against one or more persons of a crime formerly preferred to and presented upon oath by a grand jury. Grand juries were partly abolished by the Administration of Justice (Miscellaneous Pro-visions) Act, 1933 (23 & 24 Geo. 5, c. 36). The bill of indictment is now preferred by any person before a court in which a person charged may lawfully be indicted, and the proper officer shall, if the requirements have been complied with, sign the bill and it shall thereupon become an indictment. But bills of indictment may be preferred before grand juries of the Counties of London and Middlesex by virtue of certain enactments set out in the 1st Schedule (high treason and certain other offences tribal in the King's Bench Division). Indictments were of a highly technical character until simplified by the Indictments Act, 1915, which directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Pro...
Clerk of the peace
Clerk of the peace. His duties are to officiate at sessions of the peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of special duties in connection with the affairs of the county. He is also clerk of the county council, by virtue of s. 83 of the (English) Local Government Act, 1888 (applying to London). The offices are separated by (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), s. 1, but by s. 2 usually the same person will be appointed to both. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 101; London County Council General Powers Act, 1930 (c. clix.), ss. 26-28.Removal is regulated by 1 Wm. & M. c. 21, and (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), ss. 2, 3, 4.As to appointment, etc., in a quarter sessions borough, see (English) Municipal Corporations Act, 1882, s. 164....
Calendar of prisoners
Calendar of prisoners, a list of all the prisoners' names in custody in any prison for trial at assizes or sessions, to be delivered by the gaoler of the prison to the judges of assize and justices in quarter sessions, by virtue of s. 62 of the (English) Prison Act, 1865 (28 & 29 Vict. c. 126). The judge's copy shows previous convictions. It is usual for the judge, but not obligatory upon him, to sign the calendar at the conclusion of the business....
Union Assessment Committee
Union Assessment Committee. A committee of the board of guardians of every union, consisting of not less than six nor more than twelve, having jurisdiction to revise the valuation lists framed by the overseers of each parish for the purpose of rating to the poor rate. See (English) Union Assessment Committee Acts of 1862 and 1864 (25 & 26 Vict. c. 103, and 27 & 28 Vict. c. 39), by the latter of which there can be n appeal against a poor rate to quarter sessions without previous notice of the objection of the appellant to the assessment committee, and failure to obtain relief from such committee. As to time of giving notice of appeal, see Denaby Overseers v. Denaby Collieries, 1909 AC 247. The Act of 1864 (27 & 28 Vict. c. 38), has been repealed by the (English) Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), except s. 6 and in part as to London. See RATES....
Stipendiary Magistrates
Stipendiary Magistrates, paid magistrates ap-pointed in the Metropolis under the (English) Metropolitan Police Courts Act, 1839; in municipal boroughs, on petition by the council to the Secretary of State, under the (English) Municipal Corporations Act, 1882, s. 161, reproducing s. 99 of the repealed (English) Municipal Corporations Act, 1835; in places of 25,000 inhabitants or more, on like representation by the local board, etc.; under (English) the Stipendiary Magistrates Act, 1863; and in some other places, e.g., Manchester, by special Act of Parliament. They must be barristers of at least seven years' standing in the metropolis and municipal boroughs; under the (English) Stipendiary Magistrates Act, 1863, they may be of five years' standing. By the (English) Stipendiary Magistrates Act, 1858, they may do alone all acts authorized to be done by two justices of the peace. a stipendiary magistrate cannot sit at general or quarter sessions. As to deputies, see 32 & 33 Vict. c. 34 and ...
Sedition
Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...
Sea
Sea. See FOUR SEAS. The main or high seas are part of the realm of England, for thereon the Courts of Admiralty have jurisdiction, but they are not subject to the Common Law. The main sea begins at the low-watermark, but between the high-water mark and the low-water mark, where the sea ebbs and flows, the Common Law and Admiralty have, divisum imperium, an alternate jurisdiction, the one upon the water when it is full sea, the other upon the land when it is an ebb. See FORESHORE.The jurisdiction of the Admiralty within three miles of the low-water mark will be found elaborately discussed in Reg. v. Keyn, (1876) 2 Ex D 63. In that case it was held by a majority of seven judges to six that the Central Criminal Court had no jurisdiction to try for manslaughter the foreign captain of a foreign ship--the Franconia--which, in passing within three miles of the British shore, ran into a British ship and sank her; but this state of the law was soon afterwards altered by the (English) Territoria...
Racecourse
Racecourse. By the Racecourse Licensing Act, 1879, no metropolitan suburban racecourse (i.e., no racecourse within ten miles of Charing Cross) is allowed without an annual licence from the justices of the peace, which may be granted at any Michaelmas Quarter Sessions. The (English) Racecourse Betting Act, 1928 (18 & 19 Geo. 5, c. 41), legalises the use of totalisators on certain racecourses....
Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
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