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Habeas Corpus Act 1640
The Habeas Corpus Act 1640 (16 Car 1 c 10) was an Act of the Parliament of England. The Act was passed by the Long Parliament shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford in 1641 and before the English Civil War. It abolished the Star Chamber. It also declared that anyone imprisoned by order of the king, privy council, or any councillor could apply for a writ of habeas corpus, required that all returns to the writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench could issue the writ). The writ was amended by the Habeas Corpus Act 1679. The words of commencement were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. The whole Act, so far as not otherwise repealed, was repealed in England by section 8(2) of, and Part I of Schedule 5 to, the Justices of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1641 In England
Events from the year 1641 in England. Incumbents * Monarch – Charles I * Parliament – Royalist Long Events * 23 January – Edward Littleton, 1st Baron Lyttleton of Mounslow appointed Lord Keeper of the Great Seal. * 29 January – Oliver St John appointed Solicitor General. * 15 February – Parliament passes the Triennial Act. * March–May – First Army Plot, an attempt to use the army to support the king against parliament. * 2 May – Mary, Princess Royal, 9 year-old eldest daughter of the King, marries 14-year old William II of Orange in the Chapel Royal of Whitehall Palace in London. * 12 May – execution of Thomas Wentworth, 1st Earl of Strafford. * June – Second Army Plot. * 5 July – Parliament abolishes the Court of High Commission, Star Chamber and the Council of the North. * 30 July – Parliament declares that any adult male not signing the Protestation of 1641, an oath of allegiance to the King and Church of England authored in May, is unfit to hold ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1641 In Law
Events January–March * January 4 – The stratovolcano Mount Parker in the Philippines) has a major eruption. * January 18 – Pau Claris proclaims the Catalan Republic. * February 16 – King Charles I of England gives his assent to the Triennial Act, reluctantly committing himself to parliamentary sessions of at least fifty days, every three years. * March 7 – King Charles I of England decrees that all Roman Catholic priests must leave England by April 7 or face being arrested and treated as traitors. * March 22 – The trial for high treason begins for Thomas Wentworth, 1st Earl of Strafford, director of England's Council of the North. * March 27 – **The Battle of Pressnitz begins between the Holy Roman Empire and Sweden. **The Siege of São Filipe begins in the Azores as the Portuguese Navy fights to drive the Spanish out. After almost 11 months, the Portuguese prevail on March 4, 1642. April–June * April 7 – Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measure currently in force in England and Wales (and to various extents in Scotland and Northern Ireland), as well as a number of private and local Acts, with detailed annotations to each section and Schedule of each Act. It incorporates the effects of new Acts of Parliament and secondary legislation into existing legislation to provide a consolidated "as amended" text of the current statute book. ''Halsbury's Statutes'' was created in 1929. The full title of this work was ''The Complete Statutes of England Classified and Annotated in Continuation of Halsbury’s Laws of England and for ready reference entitled Halsbury’s Statutes of England''. As indicated by the title, the new work was to be a companion to ''Halsbury’s Laws of Engla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Law Revision Act 1888
The Statute Law Revision Act 1888 (51 & 52 Vict c 3) is an act of the Parliament of the United Kingdom, a Statute Law Revision Act repealing all or part of various earlier acts of Parliament. Provisions The act included a Schedule in three Parts listing earlier acts of Parliament: * Part I was a long list of acts in which the 1888 act removed the enacting formula from later sections, preserving for each act only a single enacting formula before its first section. This concise style had been usual for new acts of Parliament for several decades; Hardinge Giffard, Baron Halsbury said the deletions would lessen by 60 pages the size of the first volume of the revised edition of the statutes. * Part II listed 15 acts, some of which had the same deletion of enacting formulae as in Schedule I, but all of which had miscellaneous other repeals. * Part III listed 8 acts regulating criminal proceedings, which were obsolete except as regards prosecuting outlawry at assizes. These acts woul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justices Of The Peace Act 1968
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment. Earlier and subsequent history The Act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the ''curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas (England), Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equity (law), equitable doctrines as one of the two principal common law c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. 1 c. 34), was to be deemed not to have extended to Northern Ireland. Section 1: Enactments in schedule repealed This section provided, amongst other things, that the enactments described in Schedule 1 to this Act were repealed, subject to the provisions of this Act and subject to the exceptions and qualifications in that Schedule. This section was repealed by Group 1 oPart XVIof Schedule 1 to the Statute Law (Repeals) Act 1993. The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man on 25 July 1991. Section 2: Application of repealed enactments in local courts The words "to the court of the county palatine of Lancaster or" in thi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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