Sir - Law Dictionary Search Results
Home Dictionary Name: sir Page: 2Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Geneva arbitration
Geneva arbitration, an arbitration held at Geneva to determine the extent of the liability of the British Government for having allowed the Alabama, a man-of-war built in the Mersey for the Confederate States, to put to sea, where she preyed on the commerce of the United States. The British Government admitted liability, and the only question was as to the amount of the damage which were ultimately fixed by the arbitrators at 3,229,166l. The five arbitrators were nominated by Great Britain, the United States, Italy, Switzerland, and Brazil. The British arbitrator was Sir Alexander Cockburn, LCJ, and the counsel who appeared for the British Government were Sir Roundell Palmer and Mr. Arthur Cohen. The arbitrators met on 17th December, 1871, and made their award on 15th September, 1872. See Memorials of the Earl of Selborne, vol. ii, ch. 55....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Laudibus (de) legum angli'
Laudibus (de) legum angli'. Sir John Fortescue, who had been some time chief justice of the King's Bench in the reign of Henry VI., is said to have written this work, while in exile with the Prince of Wales, and others of the Lancastrian party, in France. Sir John was then made chancellor; and in that character he supposes himself holding a conversation with the young prince on the nature and excellence of the laws of England compared with the civil law and the laws of other countries. He considers at length the mode of trying matters of fact by jury, and shows how it excels that by witnesses. He informs us that some of our princes wished to introduce the civil law merely for the sake of governing in the arbitrary way allowed by that law, which declares, quod principi placuit legis habet vigorem. He then proceed to examine some other points of difference between the Civil and Common Law, always deciding in favour of our own. He concludes his book with a short account of the societies w...
Knight
Knight, a title of honour; when used simply, denoting a knight bachelor, who does not belong to any Order of Knighthood. It entitles the person on whom it is conferred to be styled 'Sir,' and his wife 'Dame.' The recognised courtesy title of Lady'is, however, almost universally adopted for the wife of knight bachelor. A knight is now made by the sovereign touching him with a sword as he kneels, and saying, 'Rise, Sir',' or by Letters Patent. See Halsbury's Laws of England.'...
Vice-Chancellors in Equity
Vice-Chancellors in Equity. The first Vice-Chancellor (Sir Thomas Plumer) was appointed by 53 Geo. 3, c. 24, and two more by 5 Vict. c. 5, s. 19. One of them was at one time called Vice-Chancellor of England, the last who bore that title being Sir Lancelot Shadwell. Each Vice-Chancellor st separately from the Lord Chancellor and lords justices, to whom an appeal lay from his decisions. See 14 & 15 Vict. c. 4, and 15 & 16 Vict. c. 80, ss. 52-58. They became judges of the High Court of Justice (Jud. Act, 1873, s. 5), retaining their titles, but it was enacted that on the death or retirement of any one of them, his successor should be styled a judge of the High Court (ibid.). Vice-Chancellor Bacon (1870 to 1886) was the last of them. For a complete list of the Equity judges since 1660, see Seton on Judgements. There is also a Vice-Chancellor of the County Palatine of Lanca....
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Falstaff
Sir John Falstaff a celebrated character in Shakespeares historical play Henry IV 1st and 2d parts and also in The Merry Wives of Windsor He is a very fat sensual and witty old knight a swindler drunkard and good tempered liar and something of a coward Falstaff was originally called Sir John Oldcastle The first actor of the part was John Heminge...
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