Roger - Law Dictionary Search Results
Home Dictionary Name: rogerRoger
A black flag with white skull and crossbones formerly used by pirates called also Jolly Roger and pirate flag...
Alias (dictus)
Alias (dictus) (otherwise called), a second name applied to a person where he has been styled or has styled himself by more names than one, as in the case of Reg. v. Thomas Castro, otherwise Arthur Orton, otherwise Sir Roger Charles Doughty Tichborne, Baronet, (1873) LR 9 QB 219....
Bar, trial at
Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title...
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Month
Month [fr. monath, Sax., moon, which was formerly written mone, as month was written moneth]. The period in which that planet moneth, i.e., completeth its orbit.It is either--(1) Lunar, the time between the change and change, or the time in which the moon returns to the same point, being twenty-eight days.(2) Solar, that period in which the sun passes through one of the twelve signs of the zodiac.(3) Calendar, by which we reckon time, consisting unequally of thirty or thirty-one days, except February, which consists of twenty-eight, and in leap year of twenty nine days. The calendar month is also nine days. The calendar month is also called usual, natural, civil, political.In an Act of Parliament (English), passed after 1850, the word 'month,' which was formerly taken to mean a lunar month, unless calendar month was specified, means calendar month; unless words be added pointing to lunar months [(English) Interpretation Act, 1889 (s. 3), repealing and re-enacting 13 Vict. c. 21]. By th...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Parliament, the Imperial
Parliament, the Imperial. Formerly the Legislature of the United Kingdom of Great Britain and Ireland, now, by the Royal and Parliamentary Titles Act, 1927 (17 Geo. 5, c. 4), s. 2, styled the Parliament of the United Kingdom of Great Britain and Northern Ireland, (Southern Ireland or the Irish Free State having gotten the status of a 'Dominion,' see IRELAND), consisting of the King, and the three estates of the Realm, i.e., the lords spiritual and temporal (called the House of Lords or Upper House of Parliament), and the persons elected by the people (called the House of Commons, or Lower, or Nether House of Parlia-ment). Under the Government of Ireland Act, 1920 (10 & 11 Geo. 5, c. 67), s. 19 (a), and Sch. 5, Part II., as amended by 13 Geo. 5, sess. 2, c. 2, s. 1, 13 members are returned to the House of Commons in the Imperial Parliament by Northern Ireland, and the Irish Free State is excluded. Until the reign of Henry the Fourth both Houses sat together. See 4 Inst. P. 5.The word is...
Tichborne case
Tichborne case. A very celebrated case in which one Arthur Orton, for falsely swearing in 1867 and afterwards that he was Sir Roger Charles Doughty Tichborne, who had been drowned at sea in 1854, was sentenced in 1873 to fourteen years' penal servitude-being seven years (the maximum sentence for perjury) for each of two perjuries. See Best on Evidence, 10th Edn., s. 517 B, where an extract from Orton's confession, sworn before a commissioner for oaths, is given; Article in Supplement to Dictionary of Biography, tit. 'Orton'; Famous Trials of the Century (19th), by J.B. Atlay, and other authorities referred to in Best on Evidence, latest book....
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