Old-Time Punishments
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Extent to Which the Common Law Is Applied in Determining What
THE AMERICAN LAW REGISTER, APRIL, 1867. THE EXTE'N"IT TO WHICH THE COM ON LAW IS APPLIED IN DE- TERMINING WHAT CONSTITUTES A CRIME, AND THE NATURE AND DEGREE OF PUNISHMENT CONSEQUENT THEREUPON. PART III. (Concluded from the January.umber.) 1. Subject of Third. Part stated. 2. Statement by .Mr. Wheaton on tie question. 3. Exceptional states as to common-law application. 4-6. With what qualifications the common law has been adopted. 7-9. Felonies provided for by statute. Reasoning in relation thereto. 10, 11. Early and important case on the question. 12-18. Acts of public evil example; acts tending to breach of peace; con- -piracy, &c., indictable at common law. 19-21. Offences against Christianity; against the marital relation; obscenity, &c., also been held indictable. 22-24. Cases peculiar to this country also brought within common-law influence. 25, 26. 'Numerous acts of malicious mischief that are punishable at common law. 27-30. Also nuisances ; disturbing the peace; acts tenxding to defeat public justice. and various miscellaneous offences. 31, 32. Other instances named of common-law influence. 33-36. Brief review of the treatise; and 38. Conclusion. 1. IF a satisfactory conclusion has been reached in reference to the vexed question which has now been considered, and which has given rise to such strongly-conflicting opinions, by jurists of the highest eminence and ability, the remaining question, where, with one or two narrow exceptions, the eases and opinions are in VOL. XV.-21 (321) APPLICATION OF THE COMMON LAW almost perfect accord, cannot be attended with much difficulty. -
Haddon Hall's Poems
HADDON HALL’S POEMS NINETEENTH CENTURY SENTIMENTS DAVID TRUTT Copyright © David Trutt 2007 All rights reserved. Haddon Hall’s Dorothy Vernon - The Story Of The Legend was published in 2006. The following people were very helpful during the formation of this book: Sandra Trutt provided much needed help and support. Kendra Spear digitized various engravings. Alastair Scrivener pointed out the use of the Haddon Hall illustration for the poem In The Olden Time. His Buxton bookshop has been the source of many hard-to-find books on Derbyshire and its environs. Revised October 2010: Pages 4, 6, 124 to reflect that the author of “A Legend of Haddon Hall” was John James Robert Manners 7th Duke of Rutland, and not as indicated, John Henry Manners 5th Duke of Rutland, his father. Both were alive in 1850 when English Ballads and Other Poems was published. Published by David Trutt Los Angeles, California USA [email protected] CONTENTS 3 Contents 3 Introduction 7 The Seven Foresters Of Chatsworth (1822) Allan Cunningham 11 The King Of The Peak, A Derbyshire Tale (1822) Allan Cunningham 21 The King Of The Peak, A Romance (1823) William Bennet 25 Haddon Hall, A Poetical Sketch (1823) John Holland 27 Haddon Hall, Bijou (1828) H. B. (Mary Hudson Balmanno) 37 Haddon Hall At The Present Day (1841) Benjamin Fenton 40 Haddon Hall Before 1840 Henry Alford (1836) 49 Henry Glassford Bell (1832) 50 Delta (David Moir) (1834) 52 George Bayldon (1838) 54 F. R. C. (1831) 55 Haddon, Reliquary (1863) Llewellynn Jewitt 56 The Elopement Door (1869) William Kingston Sawyer 57 Visiting Chatsworth and Haddon Hall (1860) E. -
Vania Is Especi
THE PUNISHMENT OF CRIME IN PROVINCIAL PENNSYLVANIA HE history of the punishment of crime in provincial Pennsyl- vania is especially interesting, not only as one aspect of the Tbroad problem of the transference of English institutions to America, a phase of our development which for a time has achieved a somewhat dimmed significance in a nationalistic enthusiasm to find the conditioning influence of our development in that confusion and lawlessness of our own frontier, but also because of the influence of the Quakers in the development df our law. While the general pat- tern of the criminal law transferred from England to Pennsylvania did not differ from that of the other colonies, in that the law and the courts they evolved to administer the law, like the form of their cur- rency, their methods of farming, the games they played, were part of their English cultural heritage, the Quakers did arrive in the new land with a new concept of the end of the criminal law, and proceeded immediately to give force to this concept by statutory enactment.1 The result may be stated simply. At a time when the philosophy of Hobbes justified any punishment, however harsh, provided it effec- tively deterred the occurrence of a crime,2 when commentators on 1 Actually the Quakers voiced some of their views on punishment before leaving for America in the Laws agreed upon in England, wherein it was provided that all pleadings and process should be short and in English; that prisons should be workhouses and free; that felons unable to make satisfaction should become bond-men and work off the penalty; that certain offences should be published with double satisfaction; that estates of capital offenders should be forfeited, one part to go to the next of kin of the victim and one part to the next of kin of the criminal; and that certain offences of a religious and moral nature should be severely punished. -
Philippa H Deeley Ltd Catalogue 17 Oct 2015
Philippa H Deeley Ltd Catalogue 17 Oct 2015 1 A Pinxton porcelain teapot decorated in gilt with yellow cartouches with gilt decoration and hand hand painted landscapes of castle ruins within a painted botanical studies of pink roses, numbered square border, unmarked, pattern number 300, 3824 in gilt, and three other porcelain teacups and illustrated in Michael Bertould and Philip Miller's saucers from the same factory; Etruscan shape 'An Anthology of British Teapots', page 184, plate with serpent handle, hand painted with pink roses 1102, 17.5cm high x 26cm across - Part of a and gilt decoration, the saucer numbered 3785 in private owner collection £80.00 - £120.00 gilt, old English shape, decorated in cobalt blue 2 A Pinxton porcelain teacup and saucer, each with hand painted panels depicting birds with floral decorated with floral sprigs and hand painted gilt decoration and borders, numbered 4037 in gilt landscapes with in ornate gilt surround, unmarked, and second bell shape, decorated with a cobalt pattern no. 221, teacup 6cm high, saucer 14.7cm blue ground, gilt detail and hand painted diameter - Part of a private owner collection £30.00 landscape panels - Part of a private owner - £40.00 collection £20.00 - £30.00 3 A porcelain teapot and cream jug, possibly by 8A Three volumes by Michael Berthoud FRICS FSVA: Ridgway, with ornate gilding, cobalt blue body and 'H & R Daniel 1822-1846', 'A Copendium of British cartouches containing hand painted floral sparys, Teacups' and 'An Anthology of British Teapots' co 26cm long, 15cm high - -
Soho Depicted: Prints, Drawings and Watercolours of Matthew Boulton, His Manufactory and Estate, 1760-1809
SOHO DEPICTED: PRINTS, DRAWINGS AND WATERCOLOURS OF MATTHEW BOULTON, HIS MANUFACTORY AND ESTATE, 1760-1809 by VALERIE ANN LOGGIE A thesis submitted to The University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of History of Art College of Arts and Law The University of Birmingham January 2011 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This thesis explores the ways in which the industrialist Matthew Boulton (1728-1809) used images of his manufactory and of himself to help develop what would now be considered a ‘brand’. The argument draws heavily on archival research into the commissioning process, authorship and reception of these depictions. Such information is rarely available when studying prints and allows consideration of these images in a new light but also contributes to a wider debate on British eighteenth-century print culture. The first chapter argues that Boulton used images to convey messages about the output of his businesses, to draw together a diverse range of products and associate them with one site. Chapter two explores the setting of the manufactory and the surrounding estate, outlining Boulton’s motivation for creating the parkland and considering the ways in which it was depicted. -
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one. -
Unitarian Members of Parliament in the Nineteenth Century
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Stirling Online Research Repository Unitarian Members of Parliament in the Nineteenth Century A Catalogue D. W. Bebbington Professor of History, University of Stirling The catalogue that follows contains biographical data on the Unitarians who sat in the House of Commons during the nineteenth century. The main list, which includes ninety-seven MPs, is the body of evidence on which the paper on „Unitarian Members of Parliament in the Nineteenth Century‟ is based. The paper discusses the difficulty of identifying who should be treated as a Unitarian, the criterion chosen being that the individual appears to have been a practising adherent of the denomination at the time of his service in parliament. A supplementary list of supposed Unitarian MPs, which follows the main list, includes those who have sometimes been identified as Unitarians but who by this criterion were not and some who may have been affiliated to the denomination but who were probably not. The borderline is less sharp than might be wished, and, when further research has been done, a few in each list may need to be transferred to the other. Each entry contains information in roughly the same order. After the name appear the dates of birth and death and the period as an MP. Then a paragraph contains general biographical details drawn from the sources indicated at the end of the entry. A further paragraph discusses religious affiliation and activities. Unattributed quotations with dates are from Dod’s Parliamentary Companion, as presented in Who’s Who of British Members of Parliament. -
Derby Museums Trust Annual Report, April 2013-June 2014 Prepared by Tony Butler July 2014
A report of Derby Museums Trust April 2013 – June 2014 Derby Museums Trust Annual Report, April 2013-June 2014 Prepared by Tony Butler July 2014 1 A report of Derby Museums Trust April 2013 – June 2014 2 A report of Derby Museums Trust April 2013 – June 2014 Foreword Derby Museums Trust operates three museums, Derby Museum and Art Gallery, Pickford’s House and Derby Silk Mill. It cares for the collections of cultural heritage on behalf of Derby City Council. Derby has unique cultural assets. The Silk Mill is the site of the world’s first factory and is in the Derwent Valley UNESCO World Heritage site. Derby Museums has the world’s largest and most outstanding collection of work by Joseph Wright of Derby, the 18th century artist of Enlightenment and is ‘Designated’ by Arts Council England as a collection of national significance. Derby’s identity was 300 years in the making, and the Enlightenment spirit of creativity and invention resonates today. The city confidently positions itself as one of the UK’s principle centres for manufacturing and sustainable engineering. In our museums we vaunt great men such as Joseph Wright, the polymath Erasmus Darwin and the clockmaker John Whitehurst. Their curiousness and desire to unlock the wonders of the universe inspired more practical men of industry such as Richard Arkwright to harness nature for manufacturing. Yet unlike the 18th century, when only those of means were able to feel the pleasure of discovery, we want all our communities to learn new things and explore their creativity. We believe the best museum is a place of encounters. -
Unusual Punishments” in Anglo- American Law: the Ed Ath Penalty As Arbitrary, Discriminatory, and Cruel and Unusual John D
Northwestern Journal of Law & Social Policy Volume 13 | Issue 4 Article 2 Spring 2018 The onceptC of “Unusual Punishments” in Anglo- American Law: The eD ath Penalty as Arbitrary, Discriminatory, and Cruel and Unusual John D. Bessler Recommended Citation John D. Bessler, The Concept of “Unusual Punishments” in Anglo-American Law: The Death Penalty as Arbitrary, Discriminatory, and Cruel and Unusual, 13 Nw. J. L. & Soc. Pol'y. 307 (2018). https://scholarlycommons.law.northwestern.edu/njlsp/vol13/iss4/2 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. Copyright 2018 by Northwestern University Pritzker School of Law `Vol. 13, Issue 4 (2018) Northwestern Journal of Law and Social Policy The Concept of “Unusual Punishments” in Anglo-American Law: The Death Penalty as Arbitrary, Discriminatory, and Cruel and Unusual John D. Bessler* ABSTRACT The Eighth Amendment of the U.S. Constitution, like the English Bill of Rights before it, safeguards against the infliction of “cruel and unusual punishments.” To better understand the meaning of that provision, this Article explores the concept of “unusual punishments” and its opposite, “usual punishments.” In particular, this Article traces the use of the “usual” and “unusual” punishments terminology in Anglo-American sources to shed new light on the Eighth Amendment’s Cruel and Unusual Punishments Clause. The Article surveys historical references to “usual” and “unusual” punishments in early English and American texts, then analyzes the development of American constitutional law as it relates to the dividing line between “usual” and “unusual” punishments. -
Critics Duped by Reds' Propaganda WASHINGTON (AP) — Eagleton's Past Psychiatric Is Vietnam, and Nixon In- President Said
Court Challenge SEE STORY BELOW The Weather THEDAILY FINAL Partly cloudy today, mgn around 80. Fair tonight. Most- ) Red Bank, Freehold ~T~ ly sunny tomorrow and Sun- I Long Branch 1 day, little temperature EDITION change. 24 PAGES Momnoutli Comity's Outstanding Home Newspaper VOL.95 NO.24 RED BANK, NJ. FRIDAY, JULY 28,1972 TENCENTS ' McGann Voids Common-Scold By HALLIE SCHRAEGER "A man might be 'trouble- took a swipe a( New Jersey's carry a pocket edition of for his definition of a common Judge McGann commented S. A. 2A:85-1 purports to make some and angry' and, by his "catch-all" statute (N. J. S; Blackstone with him." scold: "a public nuisance to in a footnote that the specified criminal the common law of- FREEHOLD — Finding the 'brawling and wrangling A. 2A:85-1), which, he said, is Sir William Blackstone her neighborhood, for which penalty constitutes cruel and fense of being a common ancient common law charge among' his 'neighbors, break "all that the average person (1723-1780), the most famous, offense she may be indicted unusual punishment.) scold, it is void because of its of being a "common scold" the' peace, increase discord^ has to guide his conduct." of English jurists, was the au- and, if convicted, shall be sen- "To a die-hard male chau- vagueness and is con- outmoded, unconstitutionally and become a nuisance to the Judge McGann said that thor ofi "Commentaries on the tenced to be placed in a cer- vinist, the public utterances of stitutionally unenforceable," vague and discriminatory, Su- neighborhood,' yet he could statute tells the average per- Laws of England" (1775) still tain engine of correction a dedicated woman's liber- be said. -
Criminal Law Act 1967
Criminal Law Act 1967 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I FELONY AND MISDEMEANOUR Section 1. Abolition of distinction between felony and misdemeanour. 2. Arrest without warrant. 3. Use of force in making arrest, etc. 4. Penalties for assisting offenders. 5. Penalties for concealing offences or giving false information. 6. Trial of offences. 7. Powers of dealing with offenders. 8. Jurisdiction of quarter sessions. 9. Pardon. 10. Amendments of particular enactments, and repeals. 11. Extent of Part I, and provision for Northern Ireland. 12. Commencement, savings, and other general provisions. PART II OBSOLETE CRIMES 13. Abolition of certain offences, and consequential repeals. PART III SUPPLEMENTARY 14. Civil rights in respect of maintenance and champerty. 15. Short title. SCHEDULES : Schedule 1-Lists of offences falling, or not falling, within jurisdiction of quarter sessions. Schedule 2-Supplementary amendments. Schedule 3-Repeals (general). Schedule 4--Repeals (obsolete crimes). A Criminal Law Act 1967 CH. 58 1 ELIZABETH II 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I FELONY AND MISDEMEANOUR 1.-(1) All distinctions between felony and misdemeanour are Abolition of abolished. -
Third Party Funding in Australia and Europe” Dr
Searle Civil Justice Institute Public Policy Initiative: Third-Party Financing of Litigation: Civil Justice Friend or Foe? “Third Party Funding in Australia and Europe” Dr. George R. Barker Working Paper – Please do not cite December 21, 2011 (c) George Barker – 13 December 2011 All rights reserved Centre for Law and Economics Ltd 2011 Contents INTRODUCTION AND OUTLINE ....................................................................... 3 PART I: ECONOMICS OF LITIGATION FUNDING ............................................ 4 PART II: LITIGATION FUNDING IN AUSTRALIA .............................................7 Section A. The Evolution of Legal Rules on Litigation Funders in Australia ..............7 A. Maintenance, & Champerty ................................................................... 8 B. Lawyers and Contingency Fees ............................................................ 15 C. Adverse Costs Orders .......................................................................... 16 D. Federal Regulation............................................................................... 17 Section B. Litigation Funders in Australia .............................................................. 21 A. Funders ............................................................................................... 21 B. Selection of Cases .............................................................................. 22 C. Commissions & Other Relevant Criteria .............................................. 28 D. Success rates .....................................................................................