Stipendiary Magistrates - Law Dictionary Search Results
Home Dictionary Name: stipendiary magistratesStipendiary 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to the Secretary of State, under the (English) Municipal Corporations Act, 1882, s. 161, reproducing s. 99 of the repealed (English) Municipal Corporations Act, 1835; in places of 25,000 inhabitants or more, on like representation by the local board, etc.; under (English) the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 ...
Magistrate
Magistrate, means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporaily or otherwise or the respondent resides on the domestic violence is alleged to have taken place. [Protection of Women from Domestic Violence Act, 2005, s. 2(i)]Means: (1) A man publicly vested with authority, a governor, an executor of the laws. (2) A paid justice of the peace. See STIPENDIARY MAGISTRATE; METROPOLITAN POLICE (3) An unpaid justice of the peace. See JUSTICES.The expression 'Magistrate' has been defined to mean a District Magistrate, a Sub-Divisional Magistrate, a Presidency Magistrate or a Magistrate of the first class specially empowered by the State Government, by notification in the Official Gazette, to exercise jurisdiction under this Act, State of U.P. v. Kaushaliya, AIR 1964 SC 416 (420): (1964) 4 SCR 1002.The expressio...
Metropolitan Police Magistrates
Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...
Deputy
Deputy [fr. depute, Fr.], one who governs and acts instead of another, or who exercises an office, etc., in another man's right.By the Sheriffs Act, 1887 (see SHERIFF), every sheriff is directed to appoint a sufficient deputy having an office within a mile of the Inner Temple Hall, for the receipt of writs, etc.Judges of the Supreme Court cannot act by deputy; but County Court judges can under County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), ss. 11, 12, 15, in case of illness or unavoidable absence; and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 166, enables recorders to appoint deputies in similar cases.As to appointment of deputy to recorder, stipendiary magistrate, or clerk of the peace, in case of inability of recorder, etc., himself to appoint, see the Recorders, Stipendiary Magistrates, and Clerks of the Peace Act, 1906 (6 Edw. 7, c. 46). A deputy cannot make a deputy, 9 Rep. 49....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Indecent prints or books
Indecent prints or books. The sale, or obtaining, or procuring of such prints, with intent to sell, is a misdemeanor. The (English) Obscene Publications Act, 1857 (20 & 21 Vict. c. 83) ('Lord Campbell's Act'), gives summary powers to metropolitan or other stipendiary magistrates, or any two justices of the peace, to issue special warrants to constables for the searching of houses, etc., in which obscene books, pictures, etc., are suspected to be kept, on complaint on oath that the complainant believes that such books are there, and that one or more of the like character have been 'sold, distributed, exhibited, lent or otherwise published,' and on the magistrate, etc., being satisfied that any of the Articles are of such a character that the publication of them would be a misdemeanor, and proper to be prosecuted as such-which must be stated [see Ex parte Bradlaugh, (1878) 3 QBD 509]-he may order the seizure and destruction of such books, etc.Publication is not excused by innocent motive...
Wreck
Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...
Petty Sessions
Petty Sessions. A meeting of two or more justices of the peace, not being a general or quarter sessions, to transact business with which it is either necessary or desirable that more than one justice should deal. The expression is, however, often used to denote a Petty Sessional Court, which is defined as 'a Court of summary jurisdiction, consisting of two or more justices, sitting in apetty sessional Court-house,' and includes 'any stipendiary magistrate when sitting in a Court-house or place or which he is authorized to do alone any act authorized to be done by more than one justice of the peace.'--(English) Interpretation Act, 1889, s. 13 (12). The principal business transacted by a petty sessional Court is the trial of minor offences in a summary way without a jury. This power is given by various statutes dealing with particular offences and by the Summary Jurisdiction Acts. There is an appeal from the decision of a petty sessional Court on questions of law and fact to quarter sess...
Reception order
Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial