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Triable - Law Dictionary Search Results

Home Dictionary Name: triable

triable

triable : liable or subject to judicial or quasi-judicial examination or trial ...


Civil offence

Civil offence, means an offence which is triable by a criminal court. [The Border Security Force Act, 1968, s. 2 (1) (d); means an offence which is triable by a criminal court. Army Act, 1950, s. 3 (ii); means an offence which is triable by a criminal court Air Force Act, 1950 (45 of 1950), s. 4 (xii)]...


Assizes Relief Act, 1890

Assizes Relief Act, 1890, (52 & 53 Vict. c. 12), to relieve the Court of Assize from the trial of persons charged with offences triable at Quarter Sessions-by which Act justices of the peace are directed to bind over prosecutors to appear at the next practicable Court of Quarter Sessions, in case of the prisoner being committed on a charge there triable, unless such justices think fit for special reasons otherwise to direct, see (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 14 (for power to commit to convenient assizes)....


Super-institution

Super-institution, the institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another, 2 Cro. 463.A church being full by institution, if a second institution is granted to the same church this is a super-institution; concerning which two things have been resolved:-(1) That the super-institution, as such, is properly triable in the spiritual Court; (2) that it is not triable there, in case induction has been given upon the first institution.The advantage of a super-institution is, that is enables the party who obtains it to try his title by ejectment, without putting him to his quare impedit; but many inconveniences thence following (e.g., the uncertainty to whom tithes shall be paid, and the like), this method has been discouraged, Mirehouse on Advowsons, 189....


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...


demand

demand 1 : a formal request or call for something (as payment for a debt) esp. based on a right or made with force [a shareholder must first make a on the corporation's board of directors to act "R. C. Clark"] [a written for payment] 2 : something demanded [any s against the estate] see also claim on demand : upon presentation and request for payment vt : to ask or call for with force, authority, or by legal right : claim as due [any party may a trial by jury of any issue triable of right by a jury "Federal Rules of Civil Procedure Rule 38(b)"] de·mand·able adj ...


justiciable

justiciable : capable of being decided according to legal principles by a court [whether the tax laws unfairly burden the poor is not a issue] ;esp : triable in a court [the claim is not because the plaintiff has no present right to the property but may in the future] see also political question at question compare moot jus·ti·cia·bil·i·ty [jə-sti-shə-bi-lə-tē, -shē-ə-] n ...


Alien

Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...


Assault

Assault [fr. salire, Lat., to leap; saillir, assaillir, Fr., to assai]; insultus, Lat.], an attempt to offer, with force and violence, to do a corporal hurt to another, as by striking at him with or without a weapon. No words, how provoking so ever they be, will amount to an assault. Assault does not always necessarily imply a hitting or blow; because, in trespass for assault and battery, a person may be found guilty of the assault, but not guilty of the battery. But battery always includes an assault, 1 Hawk. P. C. c. lxii., s. 1.The various kinds of assault are successively dealt with and made punishable by ss. 36-47 and ss. 52 and 62 (indecent assaults) of the (English) Offences against the Person Act, 1861. By s. 47 an assault occasioning actual bodily harm is punishable on indictment by penal servitude for not less than three, or imprisonment for not more than two year, and a common assault by imprisonment for not more than one year; but by s. 42 common assaults are summarily tria...


Burglary

Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....


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