Servitude - Law Dictionary Search Results
Home Dictionary Name: servitude Page: 2 Page 2 of about 120 results ( seconds)Transportation
Transportation, means the movement of goods or persons from one place to another by a carrier, Black's Law Dictionary, 7th Edn., p. 1505.Transportation, the banishing or sending away a criminal into another country.This punishment was introduced in the reign of Queen Elizabeth, 39 Eliz. c. 4. The word is first used in the 14 Car. 2, c. 23. The punishment was chiefly regulated by 5 Geo. 4, c. 84. Returning from transportation before the expiration of the term of punishment was an offence against public justice, and punishable by transportation for life.-4 & 5 Wm. 4, c. 67. Transportation has been superseded by penal servitude under the Penal Servitude Act, 1853 (16 & 17 Vict. c. 99), as amended by subsequent Acts. See PENAL SERVITUDE.Also the carriage of passengers of property....
Quasi traditio
Quasi traditio, according to the civil law again a servitude that is, a limited right of user in respect of a thing not one's own, e.g. a usufruct or a right of way could only be created by means of certain definite legal forms. The practoriam law, on the other hand, allowed a servitude to be created by a so-called quasi tradition servitudes; that is, it was satisfied if one party gave the other, with any form, permission to exercise the right of user in question, A Textbook of the History and System of Roman Private Law, Rudolph Sohm, 3rd Edn., 1907.Means 'as if transfer'. A party's acquisition of a servitude by using it with the informal permission or acquiescence of the owner, Black's Law Dictionary, 7th Edn., p. 1258....
Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
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...
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
Jus projiciendi
Jus projiciendi, means a servitude granting the right to build a projection from one's house in the open space belonging to a neighbour. Black's Law Dictionary, 7th Edn., p. 867.Jus protegendi, means a servitude granting the right to make the roof or tiling of one's house extend over a neighbour's house, Black's Law Dictionary, 7th Edn., p. 867....
Wounding
Wounding. Unlawfully and maliciously wounding or causing grievous bodily harm with intent to do grievous bodily harm to any person by any means is, by s. 18 of the Offences against the (English) Person Act, 1861, a felony, punishable up to penal servitude for life; and by s. 19 of the same Act unlawfully and maliciously wounding or inflicting any grievous bodily harm is a misdemeanour punishable by five years' penal servitude....
Unnatural offence
Unnatural offence, the infamous crime against nature, either with man or beast, punishable by the Offences against the Person Act, 1861, by penal servitude for life or any term not less than ten years, but this minimum punishment was abolished by the Penal Servitude Act, 1891.Unnatural offences, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. (Penal Code, 1860, s. 377)...
Thirlage
Thirlage (obsol.), a servitude or tenure in Scotland, by which the occupier of certain lands was bound to carry his grain to a certain mill to be ground, for which he was bound to pay a portion of the flour or meal, varying from a thirtieth to a twelfth part, which was termed 'multitude.' This servitude was commuted for an annual payment in grain by 39 Geo. 3, c. 55. See Bell's Scots Law Dict....
Sodomy
Sodomy, is non coital, cornal copulation with a member of the same or opposite sex, AIR 1962 Kant 46 (48). [(Indian) Divorce Act, 1869, s. 10**]1. Oral or anal copulation between humans, esp. those of same sex 2. Oral or anal copulation between human and animal; bestiality, Black's Law Dictionary, 7th Edn., p. 1396.Sodomy, the crime against nature, punishable until 1891 by a minimum term of ten years' penal servitude; prescribed by s. 61 of the Offences against the Person Act, 1861, but the effect of the Penal Servitude Act, 1891, s. 1, sub-s. 2, appears to be that imprisonment may be substituted, though this particular crime is not expressly mentioned in that Act....
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