Servitude - Law Dictionary Search Results
Home Dictionary Name: servitude Page: 3 Page 3 of about 120 results ( seconds)Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Previous conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Prevention of Crimes Act, 1871
Prevention of Crimes Act, 1871 (English) (34 & 35 Vict. c. 112). This Act, which was amended by the Prevention of Crimes Act, 1879 (42 & 43 Vict. c. 55), and which repeals and replaces the Habitual Criminals Act, 1869, provides for the keeping of a register of criminals, and the photographing of all persons convicted of crime with a view to their identification, and for subjecting to the supervision of the police persons who have been twice convicted of crime, and for the amendment of the law with regard to licences under the Penal Servitude Acts. See also PREVENTIVE DETEN-TION; BORSTAL INSTITUTION; and PENAL SERVITUDE....
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...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Firearms
Firearms. This word comprises all sorts of guns, fowling-pieces, blunderbusses, pistols, etc. Their discharge in a street is penal.A weapon that expels a projected (such as ballets or pallets) by combustion of gunpowder or other explosive, Black's Law Dictionary, 7th Edn.For the purposes of the (English) Fire Arms Act, 1920 (10 & 11 Geo. 5, c. 43), 'firearm' means 'any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged, or any part thereof, and the expression 'ammunition' means ammunition for any such firearms, and includes grenades, bombs, and other similar missiles, whether such missiles are capable of use with a firearm or not. The (English) Firearms Act, 1934 (24 & 25 Geo. 5, c. 16), amends the definition by including smoothbore shot gun, air gun, or air rifle and ammunition, if deemed a lethal weapon. A person under seventeen shall not purchase or hire, nor shall anyone sell to such person, a firearm or ammunition. A pe...
Black mail
Black mail [fr. maille, Fr., a small piece of money], a certain rent of money, coin, or other thing, anciently paid to persons upon or near the borders, who were men of influence and allied with robbers and brigands, for protection from the devastations of the latter. It was in fact a species of insurance. This was rendered illegal by 43 Eliz. C. 13. The same practice prevailed in Scotland, where it was also illegal. Also rent paid in cattle, otherwise called neat-gild; and all rents not paid in silver are called reditus nigri (black mail or rents), by way of distinction from reditus albi (blanch-firmes, or white-rents).But the term is used in modern times to signify extortion of money by threatening letters or threats to accuse of crime--an offence punishable, if the crime is punishable, by death or penal servitude for not less than seven years, or be an attempt at rape, or be an 'infamous crime,' i.e., sodomy, etc., by penal servitude for life, and in the case of a male under sixteen...
Falsification
Falsification.1. Pedigree.--For a vendor or mortgagor or other person disposing of property or any interest therein for money or money's worth to a purchaser of land or chattels real or personal, or for his solicitor or other agent to conceal from the purchaser any instrument or incumbrance material to the title or to falsify any pedigree upon which the title may depend, in order to induce a purchaser or mortgagee or his solicitor to accept the title offered, is a misdemeanour punishable by fine or imprisonment with or without hard labour, or both, for not more than two years, by the (English) Law of Property Act, 1925, s. 183, extend-ing the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 24 (Chitty's Statutes, tit. 'Conveyancing'), and the falsifier is also liable to an action for damages by the same enactment. The fiat of the Attorney-General is required before comm-encing a prosecution. [(English) L.P. Act, 1925, s. 183]2. Official Documents.--Making any mat...
immovable
immovable : incapable of being moved see also immovable property at property n : an item of immovable property (as land, standing timber, or a building) [a manufactured home placed upon a lot or tract of land shall be an "Louisiana Revised Statutes"] ;also : an interest or right (as a servitude) in an item of immovable property [a predial servitude is an incorporeal "Louisiana Civil Code"] often used in pl. compare movable ...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
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