All this was abolished by the Felony Act 1870, which provided for the appointment of an administrator to the property of the convict.
(5) No inhabitant of England (except persons contracting, or, after conviction for felony, electing to be transported) shall be sent prisoner to Scotland, Ireland, Jersey, &c., or any place beyond the seas.
Bigamy (in its modern sense) was thus made felony (i Jac. I.
But if the prisoner has been imprisoned on a charge of, or under sentence for, high treason, felony or misdemeanour, the rescue is high treason, felony or misdemeanour.
To the astonishment of everybody, Lord Cardigan escaped from a capital charge of felony because the full name of his antagonist (Harvey Garnett Phipps Tuckett) was not legally proved.
These courts are competent to try cases of felony punishable with a term of imprisonment not exceeding five years.
The principal grounds for divorce are impotence, bigamy, adultery, conviction of felony or other infamous crime subsequent to the marriage or before the marriage if unknown to the other party, desertion or habitual drunkenness for one year, such cruel or barbarous treatment as to endanger the life of the other, such conduct as to render the condition of the other intolerable, and vagrancy of the husband; but before applying for a divorce the plaintiff must reside in the state for one year immediately preceding, unless the cause of action was given within the state or while the plaintiff was a resident of the state.
One year's residence is necessary to secure a divorce, for which the causes recognized are a conviction of felony, habitual drunkenness for one year, physical incapacity, desertion for one year and cruelty or personal indignities.
Making it felony " to sell, exchange or deliver within Scotland, or to the use of any Scottishman, any horse "; this, however, was very naturally repealed by James I.
In the 13th century it was recognized that a " clerk " for felony was subject only to ecclesiastical trial and punishment; punishment which might involve lifelong imprisonment.
Enacted that all persons invoking an evil spirit or consulting, covenanting with, entertaining, employing, feeding or rewarding any evil spirit should be guilty of felony and suffer death.
In protest, the Georgia House of Representatives, holding that the United States Supreme Court had no constitutional power to try suits against a sovereign state, resolved that any Federal marshal who should attempt to execute the court's decision would be " guilty of felony, and shall suffer death, without benefit of clergy, by being hanged."
At some indeterminate later period, the " clerk " was tried for felony by a jury in the king's court and then "pleaded his clergy," after conviction there, and was remitted to the ordinary for ecclesiastical punishment.
This exception remained in force until the ist of December 1908, after which time all who were on the list became (unless disqualified because convicted of felony) life voters, but new applicants had to stand the educational test.
Accordingly, in 1811, Brougham carried through parliament a bill declaring the traffic to be a felony punishable with transportation.
At this time also he exerted himself for the reform of justice in the ecclesiastical courts, for the uniformity of the law of marriage (which he held should be a purely civil contract) and for giving prisoners charged with felony the benefit of counsel.
C. 32, § 3, the endurance of a punishment on conviction of a felony not capital has the same effect as a pardon under the great seal.
Justices of the peace, one of whom is elected biennially in each precinct, have jurisdiction in civil actions in which the amount in controversy does not exceed $200 and the title to or boundary of real estate is not involved, and in criminal actions less than a felony and in which the punishment prescribed by law does not exceed a fine of $100 and imprisonment for six months.
The desertion of a wife or of children under fifteen years of age is a felony punishable with imprisonment for not more than three years nor less than one year.
It is well known that this became one of the most violently disputed questions at the Reformation, and that for eight years it was felony in England to defend sacerdotal marriage as permissible by the law of God (Statute of the Six Articles, 31 Hen.
The writ de odio et acid, used as early as the 12th century to prevent imprisonment on vexatious appeals of felony, and the writ of mainprise (de manucaptione), long obsolete if not abolished in England but which it was attempted to use in India so late as 1870.
(4) A person committed to prison for treason or felony shall, if he requires it, in the first week of the next term or the first day of the next session of oyer and terminer, be indicted in that term or session or else admitted to bail, unless it appears on affidavit that the witnesses for the crown are not ready; and if he is not indicted and tried in the second term or session after commitment, or if after trial he is acquitted, he shall be discharged from imprisonment.
Divorces may be obtained after residence of six months on the ground of adultery, cruelty, desertion or neglect for one year, habitual drunkenness for the same period, felony or insanity.
The governor was chosen by the joint vote of the council and assembly; he was president of the council, with a casting vote; he was chancellor, captain-general and commander-in-chief of the militia; he had three members of the legislature to act as a privy-council; and he, with the council (of which seven formed a quorum), constituted " the Court of Appeals in the last resort in all causes of law, as heretofore," which, in addition, had " the power of granting pardons to criminals, after condemnation, in all cases of treason, felony or other offences."
Lord Derby's second administration of 1858 lasted but a single year, Palmerston having casually been defeated on a measure for removing conspiracies to murder abroad from the class of misdemeanour to that of felony, which was introduced in consequence of Orsini's attempt on the life of the emperor of the French.
The resultant legislature (at Pawnee, later at Shawnee Mission) adopted the laws of Missouri almost en bloc, made it a felony to utter a word against slavery, made extreme pro-slavery views a qualification for office, declared death the penalty for aiding a slave to escape, and in general repudiated liberty for its opponents., The radical free-state men thereupon began the importation of rifles.
The secretary of state is exofficio auditor; and he acts as governor if the regularly elected ' Excepting persons under guardianship, those weak-minded or insane, those convicted (without restoration to civil rights) of treason or felony, and those who have engaged (directly or indirectly) in a duel.
The land, therefore, escheated to the next heir, subject to the superior right of the crown to the forfeiture of the lands, - in the case of treason for ever, in the case of felony for a year and a day.
The causes for a divorce are cruelty, adultery, desertion for three years, or conviction after marriage of a felony and imprisonment in the state prison without being pardoned within one year after conviction; the plaintiff must reside in the county six months before beginning suit.
A petition for a divorce may be presented after a residence within the state of one year immediately preceding, and a decree may be granted against the defendant if judged guilty of adultery, desertion for two years without reasonable cause, habitual drunkenness, such inhuman treatment as to endanger the life of the plaintiff, or if convicted of felony after marriage.
These courts have original jurisdiction in cases at law and in equity in which the value in controversy exceeds $50, in criminal cases amounting to felony, in all matters of probate, in actions for divorce, &c., and appellate jurisdiction in cases arising in the inferior courts.
The district courts have exclusive jurisdiction in divorce, which may be granted because of impotency at time of marriage, adultery, wilful desertion for more than one year, wilful neglect to provide the necessities of life, habitual drunkenness, conviction for felony, intolerable cruelty, and permanent insanity which has existed for at least five years.
A person so qualified is entitled to be enrolled as a burgess, or registered as a county elector (as the case may be), unless he is alien, has during the qualifying period received union or parochial relief or other alms, or is disentitled under some act of parliament such as the Corrupt Practices Act, the Felony Act, &c. The lists of burgesses and county electors are prepared annually by the overseers of each parish in the borough or county, and are revised by the revising barrister at courts holden by him for the purpose in September or October of each year.
The causes for a divorce are adultery, incompetency, conviction of a felony and sentence to imprisonment therefor after marriage, conviction of a felony or infamous crime before marriage provided it was unknown to the other party, habitual drunkenness, extreme cruelty, intolerable indignities, neglect of the husband to provide the common necessaries of life, vagrancy of the husband and pregnancy of the wife before marriage by another man than her husband and without his knowledge.
" Lobbying " was made a felony; provisions were inserted against lotteries and stock-exchange gambling, to tax and control common carriers and great corporations, and to regulate telegraph, telephone, storage and wharfage charges.
In 1772 it was decided by the English courts that a slave as soon as he set foot on the soil of the British Isles became free; the slave trade, however, continued actively until 1807, when an Act was passed to prevent British subjects dealing in slaves; in 1811 the traffic in slaves was declared to be felony; in 1833 the status of slavery was abolished throughout the British Dominions.
Disfranchisement is brought about by conviction for bribery, felony or infamous crime, and an attempt to vote after such conviction is a felony.
Grounds for divorce are impotence of either party at time of marriage, previous marriage, adultery, wilful desertion for two years, habitual drunkenness, attempt on life, extreme and repeated cruelty, and conviction of felony or other infamous crime.
One scribbler abused Johnson for being blear-eyed, another for being a pensioner; a third informed the world that one of the doctor's uncles had been convicted of felony in Scotland, and had found that there was in that country one tree capable of supportin the weight of an Englishman.
Whatever may have been the exact view taken by the common law, the offence was made statutory by an act of 1803, making the attempt to cause the miscarriage of a woman, not being, or not being proved, to be quick with child, a felony, punishable with fine, imprisonment, whipping or transportation for any term not exceeding fourteen years.
The English law on the subject is now governed by the Offences against the Person Act 1861, which makes the attempting to cause miscarriage by administering poison or other noxious thing, or unlawfully using any instrument equally a felony, whether the woman be, or be not, with child.
The grounds for absolute divorce are adultery, cruelty, desertion (one year), neglect (one year), habitual drunkenness (one year) and conviction for felony; residence in the state for one year is required before application for divorce.