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Topic: Act of attainder


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In the News (Sat 10 Jan 09)

  
  Attainder
In the seventeenth year of that reign was passed the Act of Attainder of the Duke of Clarence in which, after an oratorical preface setting out at length the offence imputed to him, it is enacted "that the said George Duke of Clarence be convicted, and atteynted of high treason".
In the reign of Henry VIII Bills of attainder were often used instead of impeachments, as in the cases of Wolsey, Thomas Cromwell, Queen Katherine Howard, the Duke of Norfolk, and the Earl of Surrey.
Entirely apart from the judicature of Parliament, attainder is defined by the common law of England to be the stain or corruption of blood which follows as an immediate and inseparable consequence of a death sentence.
www.catholicity.com /encyclopedia/a/attainder.html   (1175 words)

  
 Definition of Act from dictionary.net
Act of bankruptcy (Law), an act of a debtor which renders him liable to be adjudged a bankrupt.
Act of God (Law), an inevitable accident; such extraordinary interruption of the usual course of events as is not to be looked for in advance, and against which ordinary prudence could not guard.
Act of grace, an expression often used to designate an act declaring pardon or amnesty to numerous offenders, as at the beginning of a new reign.
www.dictionary.net /act   (595 words)

  
 RIPF v. SDC   (Site not responding. Last check: 2007-11-05)
The district court granted summary judgment for SDC and New York, holding, inter alia, that the Act of Attainder of 1779, pursuant to which New York acquired title to the island, was valid and that the action was barred by New York's statute of limitations, the doctrine of laches, and public policy.
RIPF next claims that the Act of Attainder of 1779 was invalid as applied to Robins Island because the property was physically seized after the Treaty of 1783 was executed, thus constituting a prohibited "future confiscation" under Article Six of the Treaty.
Consequently, by virtue of the Act of Attainder, New York was "seized of an estate in fee tail." We therefore hold, that under the 1782 Act to Abolish Entails, New York's seisin of Robins Island as owner in fee tail was transformed into seisin as owner in fee simple.
www.law.onu.edu /veltri/property/RICASE.HTM   (8780 words)

  
 Ex Parte Garland   (Site not responding. Last check: 2007-11-05)
This attainder or corruption of blood as a consequence of judicial sentence of death continued to be the law of England in all cases of treason to the time that our Constitution was framed, and, for aught that is known to me, is the law of that country on condemnation for treason at this day.
Bills of attainder, therefore, or acts of attainder, as they were called after they were passed into statutes, were laws which declared certain persons attainted, and their blood corrupted so that it had lost all heritable quality.
It is said that it is not necessary to a bill of attainder that the party to be affected should be named in the act, and the attainder of the Earl of Kildare and his associates is referred to as showing that the act was aimed at a class.
www.law.cornell.edu /supct/html/historics/USSC_CR_0071_0333_ZD.html   (4878 words)

  
 Bill of attainder - Wikipedia, the free encyclopedia
A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial.
The first use of attainder was in 1321 against the Earl of Winchester and the Earl of Gloucester, who both shared the name Hugh le Despenser, and the last in 1798 against Lord Edward FitzGerald for leading the Irish Rebellion of 1798.
The Act for the attainder of Thomas Wentworth, 1st Earl of Strafford
en.wikipedia.org /wiki/Bill_of_attainder   (1157 words)

  
 CITES BY TOPIC: Bill of attainder   (Site not responding. Last check: 2007-11-05)
Legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial.
An act is a "bill of attainder" when the punishment is death and a "bill of pains and penalties" when the punishment is less severe; both kinds of punishment fall within the scope of the constitutional prohibition.
A bill of attainder is generally defined as a legislative act which determines guilt and punishes an identifiable individual or group of individuals.
famguardian.org /TaxFreedom/CitesByTopic/BillOfAttainder.htm   (611 words)

  
 criminal law - HighBeam Encyclopedia   (Site not responding. Last check: 2007-11-05)
A tort is a wrong for which the remedy is pursued by, and at the discretion of, the injured individual or his or her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the state for the purpose of punishment.
However, the fact that a particular act has been or may be prosecuted as a crime does not necessarily preclude an injured party from seeking recovery from the offender in a civil action.
This power in the states is restricted by the federal Constitution, e.g., in the Fourteenth Amendment and in prohibitions against acts of attainder (an act of attainder is a legislative declaration that a particular individual is guilty of a crime) and against ex post facto laws (laws that retroactively declare certain actions to be criminal).
www.encyclopedia.com /doc/1E1-criminal.html   (1326 words)

  
 Colonial Williamsburg Journal
A bill of attainder is a legislative, as opposed to a judicial, conviction of a capital offense.
When a parliament or congress declares a person guilty of a high crime, circumventing the due process provided by the courts, the target is said to be “attainted.” He is culpable of felony or treason in the eyes of the government, without opportunity to defend himself at trial, and his property is seized.
A bill of attainder is an act that inflicts death on a person supposed, without benefit of trial, to be guilty of grave offenses.
www.history.org /foundation/journal/Spring02/attainder.cfm   (1715 words)

  
 Impeachment and Attainder   (Site not responding. Last check: 2007-11-05)
An impeachment is a criminal trial initiated in the House of Commons with the House of Lords acting as judges.
An Act or Bill of Attainder is an Act of Parliament which decrees that an accused person is guilty of treason with no requirement to prove it by precise points of law.
Attainders were used frequently during the Wars of the Roses and continued to be used by the Tudors, particularly for punishing rebels.
www.british-civil-wars.co.uk /glossary/impeachment-attainder.htm   (350 words)

  
 Act of Attainder   (Site not responding. Last check: 2007-11-05)
An Act (or Bill) of Attainder is a Parliamentary proceedure in which Parliament passes judicial sentence on an accused person as if it were a court of law.
Attainder was often used instead of impeachment, presumably because attainder offered more scope for authority to impose penalties and gain property.
Attainder was frequently used posthumously - to confiscate the property of those who had died in opposition to authority.
www.tudorplace.com.ar /Documents/act_of_attainder.htm   (274 words)

  
 New York Act of Attainder
An Act for the Forfeiture and Sale of the Estates of Persons who have adhered to the Enemies of this State, and for declaring the Sovereignty of the People of this State, in respect to all Property within the same.
In which case such return with the power of the enemy, and such act or thing as aforesaid, shall in judgment of law be construed, deemed, and is hereby declared to be adjudged an adherence to the enemies of the people of this state.
And be it further enacted by the authority aforesaid, That the forms of the several proceedings to be had in pursuance of this act, and of the deeds or conveyances, to be executed by the commissioners to be appointed in pursuance of this act, shall be as follows, that is to say:
personal.nbnet.nb.ca /halew/NY-Attainder.html   (1112 words)

  
 Bin's On-Line Dictionary   (Site not responding. Last check: 2007-11-05)
Hence, in specific uses: (a) The result of public deliberation; the decision or determination of a legislative body, council, court of justice, etc.; a decree, edit, law, judgment, resolve, award; as, an act of Parliament, or of Congress.
[Obs.] Self-love, the spring of motion, acts the soul.
ACT++ <language> A concurrent extension of C++ based on actors.
language.bin.org /ref/dict/?t=Act   (624 words)

  
 BBC - h2g2 - Bill of Rights Act, 1689 — The Glorious Revolution
The first section is a mini study guide, setting the Act in a historical context and highlighting some of the issues raised by the Act; the second section looks at the Act itself.
The Bill of Rights Act, 1689 is considered by many to be the third-greatest charter of English liberties after the Magna Carta, 1215 and the Petition of Right, 1628.
An Act of Attainder is a law that removes rank, privilege and property from those listed in it.
www.bbc.co.uk /dna/actionnetwork/A727265   (1783 words)

  
 GCIDE_XML - search results for Attainder
Attainder is often erroneously referred to F. teindre tie stain.
The act of attainting, or the state of being attainted; the extinction of the civil rights and capacities of a person, consequent upon sentence of death or outlawry; as, an act of attainder.
In England attainders are now abolished, and in the United States the Constitution provides that no bill of attainder shall be passed; and no attainder of treason (in consequence of a judicial sentence) shall work corruption of blood or forfeiture, except during the life of the person attainted.
www.ibiblio.org /webster/cgi-bin/headword_search.pl?query=Attainder   (124 words)

  
 Part 7 of The Irish Parliament of James II
An Act for the attainder of various rebels, and for preserving the interests of loyal subjects.
King, however, asserts that the Act was kept a secret; and that the persons attainted, or their friends, could not obtain a copy of it.
The clause for the destruction of the Records of the parliament of 1689, is in an act annulling the attainders and all acts of 1689.
www.ucc.ie /celt/online/E800002-045/text007.html   (1812 words)

  
 Attainted Still?   (Site not responding. Last check: 2007-11-05)
On 12th May 1539 a very general Act of Attainder was passed by Parliament naming her, her already executed son and many others.
And very soon after that an Act was passed that restored his nieces, the daughters of Henry Pole his executed brother, to "the blood" and gave them some of their grandmother's estates.
The attainder, unjust at it undoubtedly was on Margaret of Salisbury, was equally undoubtedly invoked according to the dodgy law of that time.
www.southfarm.plus.com /Heraldry/Attaint.html   (465 words)

  
 The Strathallan Drummonds
He was included in the Act of Attainder passed against his father, but though he was at that time de jure in possession of the titles and estates of the family, he was designated James, eldest son of the Viscount of Strathallan.
The Act of Attainder was not passed until the 4th of June, 1746, nearly seven weeks after his father’s death at Culloden.
The language of the attainder was therefore held to be sufficiently correct—a decision repugnant at once to justice and common sense.
www.electricscotland.com /webclans/families/strathallan.htm   (1761 words)

  
 TBK - The Leading Facts of English History III Part 1
The Toleration Act already mentioned (S496), which gave a very large number of people the right of worshiping God according to the dictates of conscience, and which was the stepping-stone to later measures that completed the good work of extending religious liberty in England (SS573, 599).
Not long afterwards he issued that great Act of Attainder (1689) which summoned all who were in rebellion against his authority to appear for trial on a given day, or be declared traitors, hanged, drawn, and quartered, and their property confiscated.[1] Next, the Protestant city of Londonderry (S423) was bebesieged (1689).
By this act, Glencoe, or the "Glen of Weeping," was changed into the Valley of the Shadow of Death.
www.truthbeknown.com /the_leading_facts_of_english_history_iii.html   (4287 words)

  
 Catskill Park History
The same act also voided the land titles of those who had remained loyal to the Crown during the fight for independence and declared those lands to be owned by the State.
The Environmental Quality Bond Act of 1972 was passed by a vote of 3,060,063 to 1,518,579 and provided a total of $175 million "to preserve priceless land resources; with $59 million earmarked for the Adirondack Park and $15 million for the Catskill Park.
In 1996 a new state bond act was passed, known as the Clean Water/Clean Air Bond Act, and it provided $1.75 billion for land conservation, environmental protection and remediation, land stewardship, air and water quality improvement, recreational improvements, etc. Funds for the 1996 bond act expired in 2002.
www.catskillpark.org /history/forest.htm   (15410 words)

  
 TBK - The Leading Facts of English History II Part 7
Parliament passed an act of approval, declaring that it was all done "of the King's most excellent goodness." It also declared Henry's two previous marriages, with Catharine and with Anne Boleyn, void, and affirmed that their children, the Princesses Mary and Elizabeth, were not lawfully the King's daughters.
A later act of Parliament gave Henry the extraordinary power of naming his successor to the crown.[1] A year afterwards Henry's new Queen died, leaving an infant son, Edward.
By an act known as the Six Articles, or, as the Protestants called it, the "Bloody Act," or the "Whip with Six Lashes" (1539), the King established a new and peculiar form of religion.
www.truthbeknown.com /the_leading_facts_of_english_history_ii_07.html   (3322 words)

  
 A Bill of A...What?   (Site not responding. Last check: 2007-11-05)
Bills of Attainder have re-emerged as 'civil asset forfeiture laws.' Recent federal statutes have dramatically increased the power of enforcement officials to confiscate private property without a trial.
On July 17, 1862, the North passed the Confiscation Act to "suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels." But, to avoid becoming a Bill of Attainder, the Act confiscated property only for the life of the rebel.
Missouri (1867), the court held, "A bill of attainder is a legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment."
www.zetetics.com /mac/partisan/120499.htm   (736 words)

  
 Al-Muhajabah's Islamic Blogs: IANAL (I am not a lawyer)
The word "attainder" is defined as: the extinction of the civil rights and capacities of a person, consequent upon sentence of death or outlawry; as, an act of attainder (Reference: Webster's Revised Unabridged Dictionary).
Combining these two definitions, we can say that a "bill of attainder" is: a law or decree that sets as a penalty the confiscation of property or the stripping of civil rights, or that declares that a person or group of people may be punished or put to death without due process of law.
The issue is whether a bill of attainder only refers to punishment or putting to death "without a trial" or if it includes punishment or putting to death "without due process of law".
www.muhajabah.com /islamicblog/archives/veiled4allah/002116.php   (1128 words)

  
 CATHOLIC ENCYCLOPEDIA: Bl. Adrian Fortescue
In April he was condemned untried by an act of attainder; in July he was beheaded.
No specific act of treason was alleged against him, but only in general "sedition and refusing allegiance".
The attainder, however, went on to decree death against Cardinal Pole and several others because they "adhered themselves to the Bishop of Rome".
www.newadvent.org /cathen/06146b.htm   (347 words)

  
 Article 1, Section 9, Clause 3: Thomas Jefferson to L. H. Girardin   (Site not responding. Last check: 2007-11-05)
No doubt that these acts of attainder have been abused in England as instruments of vengeance by a successful over a defeated party.
Again, the judge says "the court refused to pass sentence of execution pursuant to the directions of the act." The court could not refuse this, because it was never proposed to them; and my authority for this assertion shall be presently given.
Henry, he represents this atrocious offender as sentenced and executed under the act of attainder, let the record of the case decide.
press-pubs.uchicago.edu /founders/print_documents/a1_9_3s13.html   (280 words)

  
 Attainder of the Pretended Prince of Wales, March 7, 1702   (Site not responding. Last check: 2007-11-05)
Attainder of the Pretended Prince of Wales, March 7, 1702
On March 7, 1702 (March 17, 1702 N.S.), the Prince of Orange gave his assent to the following act attainting King James III of high treason.
And be it further enacted, that where any of the offences against this act shall be committed out of this realm, the same may be alleged, and laid, inquired of, and tried, in any county of this kingdom of England.
www.jacobite.ca /documents/17020307.htm   (144 words)

  
 IISH - Today in 1656 : 17 September - Ethnic Cleansing of Ireland   (Site not responding. Last check: 2007-11-05)
An act for the attainder of the rebels in Ireland.
The 'Act for the Attainder of the Rebels in Ireland' of 17 September 1656 is part of this programme.
The land of rebels is attained and 'rebels' are defined in such a way that all Catholics match.
www.iisg.nl /today/en/17-09.php   (160 words)

  
 PPP 9/16: Why Chhouk Rin's acquittal is illegal
When the justice system is bypassed by an act of parliament, that law is referred to by constitutional lawyers as an "act of attainder".
Act of attainder is a breach of the constitutional principle of separation of powers provided in article 51 of the Constitution, as it circumvents or limits the adjudicative power of the judiciary.
Sary's second pardon for being a Khmer Rouge member was not a proper act under the Constitution by the King.
www.phnompenhpost.com /TXT/comments/why.htm   (1242 words)

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