English law. formidable jurisdiction, for the vindication of the peace and dignity of the church, by reforming, ordering, and correcting the ecclesiastical state and persons, and all manner of errors, heresies, schisms, abuses, offenses, contempts, a...
EFREEHOLDERS. In American law. The name of a court formerly established in South Carolina for the trial of slaves and free persons of color for criminal offenses.
In English law. <A court for the trial of cases of treason and felony. The commissioners of assise and nisi prius are judges selected by the king and appointed and authorized under the great seal, including usually two of the judges at Westminster, a...
THE PEACE. In American law. A court of criminal jurisdiction in the state of Pennsylvania, having power to try misdemeanors, and ‘exercising certain functions of an administrative nature. There is one such court in each county of the state. Its ses...
was an English court of very ancient origin, but new-modeled by St. 3 Hen. VII. c. 1, and 21 Hen. VIII. cc 20, consisting of divers lords, spiritual and temporal, being privy councillors, together with two judges of the courts of common law, without ...
A court of record, to inquire, when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end. 4 Steph. Comm. 323; 4 Bl. Comm. 274. See CORONER.
ARD. In English law. A court instituted for the trial, during the recess of parliament, of peers indicted for treason or felony, or for misprision of either. This court is not a.permanent body, but is created in modern times, when occasion requires, ...
MARKET. An English court of inferior jurisdiction held in every fair or market for the punishment of misdemeanors committed therein, and the recognizance of weights and measures.
KING’S HOUSEHOLD. In English law. A court which had jurisdiction of all cases of treason, misprision of treason, murder, manslaughter, bloodshed, and other malicious strikings whereby blood is shed, occurring in or within the limits of any of the p...
ed of such of the judges of the superior courts of Westminster as were able to attend, for the consideration of questions of law reserved by any judge in a court of oyer and terminer, gaol delivery, or quarter sessions, before which a prisoner had be...
nial of the allegations of the declaration; and the further addition of “with leave,” etc., imports an equitable defense, arising out of special circumstances, which the defendant means to offer in evidence. Zents v.
1.A general term, now common...
office of honor, trust, or profit in this state. Pen..Code Cal. § 15.
“Infamous,” as used im the fifth amendment to the United States constitution. in reference to crimes, includes those only of the class called “crimen falsi,” which both i...
Lat. Crime. Also an accusation or charge of crime. l —Crimen furti. The crime or offense of theft—Orimen incendii. The crime of burning, which included not only the modern crime of arson, but also the burning of a man, a beast, or other chattel. ...
ministration of justice. MatzenlLaugh. .v..
Code Cal. § 683. A criminal action is (1) an action prosecuted by the state as a party, against a person charged with a public offense, for the punishment thereof; (2) an action proseeuted by the state, a...
Lat. Criminally. This term is used, in distinction or opposition to the word “civiliter,” civilly, to distinguish a criminal liability or prosecution from a civil one.
“plea side.” 4 Bl. Comm. 265.~Orown solicitor. In England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ired there are officers called “crown solicitors” attached to ea...
413, 28 L. Ed. 401; Kelly v. Ben. Ass'n,
99, 87 lL. Ed. 1083.
490, 85 L. Bd. 97; ‘Ennis v. Bldg. Ass’n, 102 Towa, 520, 71 N. W. 426; Anthony v.
854, 84 L. Ed. 222; Hollander v. Baiz (D.
806, 36 L. Ed. 672; Steamboat Co. v. Livingston, 8 Cow. ...
NAMIUM. Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was commanded to take the cattle of the defendant in withernam, (or...
L. Fr. For good and evil. A phrase by which a party accused of a crime anciently put himself:
for not removing goods. A writ anciently directed to the sheriffs of London, commanding them, in cases where a writ of error was brought by a defendant against. whom 4a. judgment was recovered, to see that his goods and chattels were safely kept with...
to take caution or ‘security. A writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had offered sufficient security (idoneam cautionem) to obey the commands of the church; com-
manding him to take such security and release the prisoner. Reg. Orig. 66; Fitzh.
Writ for delivering the copy of a libel. “An ancient writ directed to the judge of a spiritual court, commanding him to deliver to a defendant a copy of the libel filed against him in such court. Reg. Orig. 58. The writ in the register is directed ...
A writ commanding the sheriff to arrest one who was excommunicated, and imprison him till he should become reconciled to the church. 83 Bl. Comm. 102, Smith vy. Nelson, 18 Vt. 511.
DO. A writ to deliver an excommunicated person, who has made satisfaction to the church, from prison. 8 Bl. Comm. 102.
DO. Writ for retaking an excommunicated person, where he had been liberated from prison without making satisfaction to the church, or giving security for that purpose.
PIENDO. A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Reg. Orig. 222h.
438.— Pre injunction. An _ injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perpetual, according to the result...
Concerning those that break prison. The title of the statute 1 Edw. II. ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking prison only, unless the cause for which he was taken and imprisoned requir...
DE GRATIA. Of grace or favor, by favor. De specialéi gratia, of special grace or favor. l
(Lat. For replevying a man:) <A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon giving security to the sheriff...