Subsequent Offence - Law Dictionary Search Results
Home Dictionary Name: subsequent offence Page: 3Larceny
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...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Treason
Treason [fr. trahir, Fr., to betray; proditio, Lat.], or leze-majesty, an offence against the duty of allegiance, and the highest known crime, for it aims at the very destruction of the commonwealth itself. Five species of treason are declared by the Treason Act, 1351, or 'Statute of Treasons' (25 Edw. 3, st. 5, c. 2), as follows:-(1) When a man doth compass or imagine the death of our lord the king (a queen regnant is within these words), of our lady his queen or of their eldest son and heir.(2) If a man do violate the king's companion (i.e., his wife), or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir.(3) If a man do levy war against our lord the king in his realm. (After a battle has taken place, it is termed bellum percussum; before it, bellum levatum.)(4) If a man be adherent to the king's enemies in his realm, giving to them aid or comfort in the realm or elsewhere.(5) If a man slay the chancellor, treasurer, or the king's justices assigned to...
Adjournment
Adjournment [fr. jour, Fr., a day], a putting off to another time or place, a continuation of a meeting from one day to another. An adjourned meeting is in ordinary cases a mere continuation of the original meeting and no fresh notice of it need be given, Scadding v. Lorant, (1851) 3 HLC 418. The adjournment of a trial is in the discretion of the judge. As to adjournment of trial in the High Court, see R.SC. Ord. XXXVI., r. 34; and as to adjournments in County Courts, see County Courts Act, 1934, s. 36.As to adjournment by justices on hearing charge of offence punishable on summary jurisdiction, see Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), s. 16.Unless the object of the context or inquiry otherwise warrants the term 'adjournment' in connection with a meeting should be applied only to the case of a meeting which has already convened and which is thereafter postponed and not to a case where a notice convening a meeting is cancelled and subsequently, a notice for holding the ...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Heat of passion
Heat of passion, heat of passion requires that there must be no time for the passions to cool down, Ghapoo Yadav v. State of Madhya Pradesh, (2003) 3 SCC 528: AIR 2003 SC 1620 (1622). (Indian Penal Code, s. 300, Exception 4)See also Sridhar Bhuyan v. State of Orissa.Rage, terms, or furious hatred sudden aroused by some immediate provocation, usu. another person's words or action, Black's Law Dictionary, 7th Edn., p. 726.Requires that there must be no time for the passion to cool down and the parties have worked themselves into a furry on account of the verbal altercation in the beginning, Sandhya Jadhav v. State of Maharashtra, (2006) 4 SCC 653: (2006) 4 JT 316: (2006) 3 SCALE 665: (2006) 3 Supreme 217: (2006) 3 SLT 249: (2006) 4 SCJ 489: (2006) 7 SCJD 358: (2006) 5 SRJ 93: 2006 Cr LJ 2111: (2006) 2 SCC (Cri) 394: (2006) 2 Crimes 5 (SC): (2006) 1 JCC 599: (2006) 2 Recent CR 472: (2006) 4 CRJ 437.Subsequent procedures did not impose a heavier penalty than the indeterminate sentence impo...
Knock-out
Knock-out. The arrangement made between persons attending an auction to refrain from bidding in competition one with the other on the sale of certain articles and for the subsequent private sale among themselves of the Articles thus bought at a low price.At Common Law such an agreement is not illegal [Rawlins v. General Trading Co., (1921) 1 KB 635], and to an action by the purchaser of goods sold by auction for the delivery up of the goods, the fact that the sale was a 'knock-out' does not of itself afford a defence [Cohen v. Roche, (1927) 1 KB 169], but now the (English) Auctions (Bidding Agreements) Act,1927 (17 & 18 Geo. 5, c. 12), prohibits a dealer from giving any consideration or reward to anyone for abstaining or having abstained from bidding, under penalty on summary conviction to a fine not exceeding 100l. or imprisonment for not more than three months. A bona fide joint account, a copy of such agreement has been deposited before purchase with the auctioneer, is not an offenc...
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...
Tobacco
Tobacco. The growth of tobacco was formerly prohibited in any part of the United Kingdom, and any person growing it was liable to a penalty of 10l. for every rood grown, recoverable by penal action. See 12 Car. 2, c. 34 (the preamble of which shows the origin of the prohibition to have been the protection and maintenance of the colonies and plantations in America, and of the commerce of this country with them); 15 Car. 2, c. 7; and the (English) Tobacco Cultivation Act, 1831 (1 & 2 Wm. 4, c. 13). As to Ireland the Irish Tobacco Act, 1907 (7 Edw. 7, c. 3), largely removed the restrictions as to growth, etc., and similar provision is now made for Scotland and England by the Finance (1909-10) Act, 1910, which repeals the two Acts of Charles II. and the Act of 1831, and by s. 83 (5) entirely removes all prohibition or restraint on the growth, making, or curing of tobacco in England and Scotland, and to the same time imposes [s. 83 (2)] an excise duty of 5s. for a licence to grow, cultivate...
- << Prev.
- Next >>