High Misdemeanor
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High Misdemeanor
High misdemeanor is an archaic term in English Law for a number of positive misprisions, neglects and contempts. A good example of this is treason. The most important example may be that of maladministration in high office. Examples in English law A number of United Kingdom statutes refer to particular crimes as being high misdemeanors: * Discharging or aiming firearms, or throwing or using any offensive matter or weapon, with intent to injure or alarm the Sovereign * Where a Roman Catholic advises the Crown on the appointment to offices of the Established Church * Where a Jew advises the Crown on the appointment to offices of the Churches of England, Ireland and Scotland Blackstone describes a number of offences as being high misdemeanors, for example: * treasonable words * receiving stolen goods * prison break * maladministration of high office * firing of one's house in a town A number of statutory references to high misdemeanors have subsequently been repealed, includin ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies. Australia In Australia a returning officer is an employee of the Australian Electoral Commission or a state electoral commission who heads the local divisional office full-time, and oversees elections in their division, or an employee of a private firm which carries out elections and/or ballots in the private and/or public sectors, or anyone who carries out any election and/or ballot for any group or groups. Canada In Canada, at the federal level, the returning officer of an electoral district is appointed for a ten-year term by the Chief Electoral Officer. The returning officer is responsible for handling the electoral process in the riding, and updating the National Register of Electors with current information about voters in the electoral district to which they are appointed. Before enactment of the Canada Elections Act in 2000, in the case of a tie ...
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Halsbury's Laws Of England
''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field. ''Halsbury's Laws'' has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy and online, with some content available for free online. History In 1907 Stanley Shaw Bond, editor at Butterworths, began a project to produce a complete statement of the law of England and Wales that was authoritative, comprehensive and up-to-date. Bond tracked down the former Lord Chancellor, The Earl of Halsbury, on holiday in Nice to invite him to be the editor-in-chief of ''The Laws of England''. Traditionally, the ...
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Parliamentary Elections (Ireland) Act 1823
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republics, among ...
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Parliamentary Elections (Ireland) Act 1820
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republics, among ...
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Jews Relief Act 1858
The Jews Relief Act 1858, also called the Jewish Disabilities Bill, is an Act of Parliament, Act of the Parliament of the United Kingdom which removed previous barriers to Jews entering Parliament, a step in Jewish emancipation in the United Kingdom."Jews Relief Act 1858"
as originally enacted
Following the Roman Catholic Relief Act 1829 there had been an unsuccessful attempt in 1830 to also allow Jews to sit in Parliament. The 1858 measure was the result of a long process which began with a bill introduced by the Whig leader John Russell, 1st Earl Russell, Lord John Russell following the election of Lionel de Rothschild to the City of London (UK Parliament constituency), City of London constituency in 1847. Rothschild could not take the seat without taking the Christian Oath of Allegiance (United Kingdom ...
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Roman Catholic Relief Act 1829
The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Britain and Ireland. In Ireland, it repealed the Test Act, Test Act 1672 and the remaining Penal Laws (Ireland), Penal Laws which had been in force since the passing of the Disenfranchising Act of the Irish Parliament of 1728. Its passage followed a vigorous campaign led by Irish lawyer Daniel O'Connell that threatened insurrection. The British prime minister, the Duke of Wellington, and the home secretary, Robert Peel, although initially opposed, accepted the need for it to avoid civil strife. The act permitted members of the Catholic Church to sit in the parliament at Westminster. O'Connell had won a seat in a 1828 Clare by-election, by-election for Clare in 1828 against an Anglican. Under the extant penal law, O'Connell, as a Catholic, ...
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Treason Act 1842
The Treason Act 1842 (5 & 6 Vict. c.51) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It was passed early in the reign of Queen Victoria. The last person to be convicted under the Act was Marcus Sarjeant in 1981, and the last person to be charged was Jaswant Singh Chail, on 2 August 2022, for trial later. Background On 29 May 1842, Victoria was riding in a carriage along The Mall, London, when John Francis, described by Victoria's husband Prince Albert as a "little, swarthy, ill-looking rascal ... of the age of twenty-six to thirty, with a shabby hat and of dirty appearance", aimed a pistol at her but did not fire. The following day, Victoria drove the same route, though faster and with a greater escort, in a deliberate attempt to provoke Francis to take a second aim and catch him in the act. As expected, Francis shot at her, but he was seized by plain clothes policemen, tried, and convicted of high treason. Francis's death sentence was commu ...
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High Crimes And Misdemeanours
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office. Britain The impeachment of the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament to follow the advice of a committee regarding improvement of the kingdom. Another charge said that because he failed to pay a ransom for the town of Ghent, the town fell to the French. The 1450 impeachment of William de la Pole, 1st Duke of Suffolk, a descendant of Michael, was the next to allege charges under this title. He was charged with using his influence to obstruct justice as well as cronyism and wasting public money. Other charges against him included ...
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Parliament Of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the House of Commons and the House of Lords. The Lords were members of the Irish peerage (’lords temporal’) and bishops (’ lords spiritual’; after the Reformation, Church of Ireland bishops). The Commons was directly elected, albeit on a very restricted franchise. Parliaments met at various places in Leinster and Munster, but latterly always in Dublin: in Christ Church Cathedral (15th century),Richardson 1943 p.451 Dublin Castle (to 1649), Chichester House (1661–1727), the Blue Coat School (1729–31), and finally a purpose-built Parliament House on College Green. The main purpose of parliament was to approve taxes that were then levied by and for the Dublin Castle administration. Those who would pay the bulk of taxation, ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ...
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Misprisions
Misprision (from fro, mesprendre, modern french: se méprendre, "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the law of England and Wales and Northern Ireland only in the term misprision of treason. Negative misprision Negative misprision is the concealment of treason or felony. By the common law of England it was the duty of every liege subject (vassal) to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8). The duty fell primarily on the grand jurors of each county borough or franchise (until the abolition of grand juries in 1933), and is performed by indictment or presentment, but it also falls in theory on all other inhabitants. Failure by the latter to discharge this public duty constitutes what is ...
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