Слике страница
PDF
ePub

quences are forfeiture of property and corruption of blood. The Constitution forbids bills of attainder to be passed, and limits the effect of attainder resulting from judicial sentence so that it cannot work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth. Attainder is not now a part of the punishment of any crime in Pennsylvania.

Bail, in criminal cases, is the delivery of a person charged with the commission of a crime or misdemeanor to his sureties, upon their giving, together with himself, sufficient security for his appearance to answer the charges against him, or to comply with the orders of the court; he being supposed to continue in their friendly custody instead of going to jail. In Pennsylvania all prisoners are bailable, unless for capital offences, when the proof is evident or the presumption great.

Bailiwick is the district over which a sheriff has jurisdiction.

Bond is a sealed obligation to pay money, either absolutely or conditionally.

Caucus is the meeting of the members of a political party to make nominations or to consider party measures.

Chancery is a court that tries cases for which the common law does not provide a remedy, but which must be settled in equity. In Pennsylvania the courts of law are also the courts of chancery or equity. Cases of trust and confidence are tried in this court.

Charter is a grant made by the State either to the whole people or to a portion of them, giving them certain rights.

Citizen is a person, native or naturalized, male or female, who is entitled to full protection in the so-called private rights, as expressed in the "Declaration of Rights" in the Constitution of our State.

Civil Officers are the public officers, except those of the army and navy. The term civil is opposed to military, in this connection.

Civil Rights are the natural rights of men, women and children; for example, the right to personal security. Contempt of court is a violation of its rules and orders. Contract is an agreement, upon a sufficient consideration, to do or not to do a particular thing.

Corporation is an artificial person, consisting of one or more natural persons, acting in many respects as an individual, created by law for certain specific purposes, with the capacity of succession, either limited or perpetual, and with other special privileges not possessed by individuals.

Court Martial is a court of criminal jurisdiction organized to try and punish offenders against the rules and regulations of the army and navy. It may consist of any number of officers from five to thirteen, inclusive, but shall not consist of less than thirteen when that number can be convened without manifest injury to the service.

Cryer is an officer in a court whose duty it is to make the proclamations ordered by the court.

Declaration of Rights is Article I. of the Constitution of Pennsylvania. As expressed in the Declaration of Independence, the principal rights are "life, liberty, and the pursuit of happiness."

Deed is a writing sealed and delivered by the parties.

De facto, i. e., in deed; a term denoting a thing actually done. An officer de facto is one actually holding a position, whether he is entitled to it or not.

De jure, i. e., by right; a term denoting the right of anything to be or to be done. An officer de jure is one having the right to a position, whether he holds it or not.

Defaulter is one who is deficient in his accounts.

Deposition is the testimony of a witness reduced to writing. It cannot be taken in criminal cases without the consent of the defendant.

Docket is a formal record of judicial proceedings, kept by the officers of the courts.

Dower is the right of a woman in a third part of all the real estate of her deceased husband.

Duress is constraint, either by imprisonment or by threats of violence, which induces a well grounded fear of loss of life or limb, whereby a person is compelled to execute a deed, sign a contract, or the like, or commit an offense. A deed or contract executed under duress cannot be enforced, and many offenses are excused if committed under duress.

Electors are the voting citizens.

Embezzlement is the fraudulent appropriation to one's own use of the money or goods of another, intrusted to his care.

Eminent Domain is the right of the sovereign power in a state, or of a corporation to which that right has been delegated, to take private property for any public purpose, upon just compensation to the owner.

Ex Post Facto Law is a law which makes an act done before the passing of the law, and which was innocent when done, criminal, which aggravates the crime or makes it greater than when it was committed, which changes the punishment and inflicts a greater punishment than the law annexed to the offense when committed, which alters the legal rules of evidence or receives less or different testimony than the law required, at the time of the commission of the offense, to convict the offender.

Execution is the carrying into effect of the final judgment of a court. Writs of execution issued by the courts are carried out by the sheriff; those issued by the justices of the peace, by the constable.

Executor is a person that is named by the maker of a will to carry out its provisions.

Felony is an offense which at common law occasioned the forfeiture of goods or lands, or both, to which capital or other punishment was added according to the degree of guilt. In Pennsylvania the term is appplied to such offenses as were felonies at common law and to such offenses as are denominated felonies by the statute providing for their punishment.

Franchise is a privilege vested in individuals by the government, most commonly applied to the privilege of voting and the special rights of corporations.

Frank is the privilege of sending and receiving letters free of postage. For instance, postmasters need not stamp their official letters.

Guardian is a person appointed by the Orphan's Court of the county in which a child resides to take charge of the person or estate of such child, or of both its person and estate, during its minority; also, the person to whom a father by his last will devises the custody of his child or children during minority.

Habeas Corpus is the great remedial writ of the English law in all cases of illegal confinement. It commands the person detaining another to produce the body of the prisoner with the day and cause of his arrest and detention, to do, submit to and receive whatsoever the judge of the court awarding the writ shall consider in that behalf. In Pennsylvania a writ of habeas corpus may be issued by

any judge of the Supreme Court, the president or any associate judge of the Court of Common Pleas, or any judge of the Court of Quarter Sessions of the County of Philadelphia.

Hard Labor is, in connection with imprisonment in the penitentiary, a punishment frequently inflicted upon persons convicted of certain offenses. It implies no more than ordinary industry at some mechanical trade.

High Seas signifies the unenclosed waters of the ocean on the sea coast, which are without the boundaries of low water mark.

Impanel, to write the names of a jury on a schedule.

Impeachment is a formal accusation brought against a civil officer. Under the Constitution of the United States the President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. Under the Constitution of Pennsylvania the Governor and all civil officers are liable to impeachment for any misdemeanor in office. The sole power of impeachment is in the House of Representatives, and the power to try impeachments is in the Senate. The concurrence of two-thirds of the members present is necessary to a conviction. Municipal officers are liable to impeachment in the manner provided by law.

Incumbrance is whatever charges, burdens, obstructs, or impairs the use of an estate in land, or prevents or impairs its transfer.

Indictment is a written accusation of one or more persons of a crime or misdemeanor, preferred to and presented upon oath by a grand jury.

« ПретходнаНастави »