Arrest: Searches and Seizures: Reasonable Ground for Arrest without Warrant

1940 ◽  
Vol 38 (6) ◽  
pp. 892
Keyword(s):  

1892 ◽  
Vol 38 (160) ◽  
pp. 51-54
Author(s):  
A. Wood Renton

In the preceding part of this paper we considered what may be called the substantive provisions of section 330 of the Lunacy Act, 1890. We now pass on to the adjective part of the section. Suppose that a medical man, against whom an action for damages for the alleged false imprisonment of an alleged lunatic has been raised, is in a position to satisfy the Court or a Judge that “there is no reasonable ground” for imputing to him “want of good faith or reasonable care,” when and how shall he avail himself of his statutory privilege? Upon these important points section 330 displays the vagueness that is almost a characteristic of modern legislation. The only information that it gives us is that an application to stay proceedings may be made “summarily” (a term of which no definition is offered or even suggested) to “the High Court,” and that “the Court or a Judge” may grant or refuse the application “upon such terms as to costs or otherwise” as the said Court or Judge may think fit. Now, in the absence both of any clear light from the section itself and of any authoritative judicial interpretation of it, the maxim Omnis definitio in jure periculosa est applies with peculiar force, and consequently the following observations are offered with some hesitation.



Author(s):  
Carlo Ciulla

This chapter reports on the initial idea which gave birth to the investigation which subsequently became the unifying theory. The intuition herein illustrated consists of the realization that the following concept might have been supported by reasonable ground of truth after extensive study. The concept is that there exists a region of spatial extent within two nodes (1D), a pixel (2D), or a voxel (3D) where the interpolation function has best approximation properties. Naturally, the adjective best is to be interpreted with its relativity to the potentiality of the specific model interpolation function to determine approximation properties. Such potentiality according to the intuition resides in: (i) the sequel of discrete samples (e.g. the pixel intensities for the two-dimensional case), and (ii) the curvature of the model interpolator as expressed by its second order derivatives. The study in this chapter is initiated for the trivariate linear interpolation function and formalized through a set of definitions, an observation and a theorem.



1844 ◽  
Vol 134 ◽  
pp. 65-85 ◽  

The extinct Cephalopod, called Belemnite , has long been known by its peculiarly complex shell, which includes a part possessing the chambered and siphonated structure characteristic of the entire shell of the Spirula and Nautilus , and the fossil Orthoceratites, Baculites, Ammonites , &c. Like the latter unequivocal congeners of the still existing Nautilus, the Belemnites are distributed through a vast series of the secondary rocks from the epoch of the muschelkalk, when they seem first to have been introduced into the old ocean of this planet, up to the Maestricht chalk, when they finally perished. No fossil shell has more exercised the ingenuity and research of the interpreters of ancient Nature, or has given rise to so many conflicting opinions as to the affinities of its animal constructor, than the Belemnite: but the specimens from the Oxford clay near Christian-Malford, in Wiltshire, liberally presented by the Marquis of Northampton, P. R. S., Samuel Peace Pratt, Esq., F. R. S., and William John Broderip, Esq., F. R. S., to the Royal College of Surgeons, leave no reasonable ground for further hesitation or scepticism on the subject, since they display in a truly marvellous manner, those soft and seemingly most perishable parts of the animal which are essential to convey a true idea of its living form.



2017 ◽  
Vol 7 (2) ◽  
pp. 103
Author(s):  
Merve Ozkan Borsa

It goes without saying that the principle of separation of powers leads to an independent judiciary imposing the rule of law and thereby assurance for the society so as to be prevented against any abuse of power, which is an integral part and a must of democratic values. This independence and impartiality crystallize as to the degree the judiciary (as an institution) and individual judges are able to hold responsibility without being influenced or intervened by any other source. The confidence of the society and the maitenance of justice can only be ensured provided that this independence and impartiality is taken under guarantee by binding instruments and that the manner in which jurisdiction is performed is carried out in accordance to such requirement. Nevertheless, the author of this paper claims that if meant to remain pretty much uncontested, such rhetoric holds true merely for domestic law, since I believe there is reasonable ground to state that this idea –and “ideal” too, since it has also reached such a level-, is relevant mainly for the domestic laws, dissenting from international law; like the title of the article provocatively illustrates. Likewise, there has been theoretical objections asserting that independence, impartiality and neutrality of international courts and tribunals is not required for fair decisions, justice or the court’s effectiveness.



Author(s):  
Admink Admink

У контексті дослідження особливостей розвитку циркового мистецтва і циркової справи на західноукраїнських землях кінця ХVІІІ–ХІХ ст. поставлено завдання простежити процес становлення циркового мистецтва на етнічній території України. Розглянуто проблематику визначення зв’язку сучасного циркового мистецтва України з мистецтвом скоморохів; зроблено спробу визначення ступеню «спорідненості» зв’язку цирку Нового часу з давньоримським цирком.З’ясовано, що через брак історичних відомостей не існує підстав пов’язувати творчість скоморохів із ґенезою професійного циркового мистецтва в Україні. Більш коректним є визначення витоків сучасного циркового мистецтва в перших гастрольних виступах на етнічній території України західноєвропейських акробатичних і циркових труп, які належать до другої пол. XVIII ст., виходячи зі значущості їх впливу на системність подальшого розвитку циркових жанрів і циркового мистецтва. Розглянуто і визначено спільні риси, відмінності і особливості цирку Нового часу і давньоримського цирку.Ключові слова: цирк, циркове мистецтво, історія цирку, витоки циркового мистецтва, мистецтво скоморохів, давньоримський цирк. In the context of the study of the features of the development of Circus Art and the functioning of Circus business at the Western Ukrainian lands at the end of the 18th – during the 19th century, the author set the task to track down the processes of the inception of Circus Art at the ethnic territory of Ukraine.In this article, the problems of determining the continuity of contemporary circus art of Ukraine with the art of Scomorochs are considered; an attempt is made to determine the degree of «kinship» of the connection of the circus of New time with the ancient Roman circus. It turned out that today, due to the lack of historical documental evidences, there is no reasonable ground for the scientists to relate the art of Scomorochs with the genesis of the professional Circus Art in Ukraine. It seems more correct to determine the origins of the modern Circus Art in the first guest performances of the acrobatic and circus troupes from Western Europe at the ethnic territory of Ukraine, which belong to the second half of the 18th century, based on the significance of their influence on the further development of Circus genres and the Circus Art.The similarities, differences, and features of the Circus of the New Time and the ancient Roman circus have been considered and determined.Key words: circus, circus art, history of the circus, the origins of circus art, the art of scomorochs, the ancient Roman circus.





1890 ◽  
Vol 36 (152) ◽  
pp. 81-81

We record with sincere, although not with unmixed satisfaction, the action of “Toogood v. Wilkes,” in the Queen's Bench Division. The plaintiff, Mr. William Toogood, of Southampton, had brought an action against Mr. W. D. Wilkes, a medical practitioner of Salisbury, to recover damages for “injury to the plaintiff from the defendant's negligence, as a medical man, and for damages for injury to the plaintiff by reason of the defendant having negligently and wrongfully signed a certificate of the plaintiff's insanity, whereby he was detained in a lunatic asylum.” The defendant's solicitor (Mr. George Smith), acting under the 12th section of the new Act (52 and 53 Vic., cap. 41, sec. 12*), issued a summons to show cause why the action should not be stayed. The summons, which was returnable on the 4th of November before one of the masters, was referred to Mr. Justice Field, before whom the case was argued on November 15 and 18. The judge decided that the onus lay upon the defendant (Wilkes) to satisfy him that there was not reasonable ground for alleging there was want of good faith or reasonable care. Counsel therefore opened the case on behalf of the defendant. Mr. Justice Field, in giving judgment, held that the defendant (Wilkes) had made out that there was no want of good faith or reasonable care on his part in giving his lunacy certificate. The action was therefore stayed.



1975 ◽  
Vol 53 (16) ◽  
pp. 2498-2511 ◽  
Author(s):  
B. R. McGarvey

The theory for the spin Hamiltonian parameters of low spin cobalt(II), d7, complexes has been developed to third order in perturbation theory for all reasonable ground states. Two extensions beyond previous treatments have been made: (1) the spin–orbit mixing of excited quartet states into the doublet ground state has been considered and (2) configuration interaction involving mixing of [Formula: see text]orbitals in lower symmetry has been included. In the case of axial complexes a more complete calculation has been made to assess the errors incurred in only going to third order in perturbation theory. The theory has been applied to porphyrin and phthalocyanine complexes and is shown to adequately account for the observed data on these complexes. The excited quartet states are much higher in energy than the ground state for the four coordinate porphyrin complexes but become much lower in energy when basic adducts are complexed along the z axis. Further there is mixing of the 4s orbital with the [Formula: see text]orbital for the four coordinate complexes which is completely removed when basic adducts are complexed to the porphyrin system. Application of equations to lower symmetry complexes is considered and it is shown that is is difficult to make an unambiguous assignment of ground state on the basis of g and 59Co hyperfine splitting values alone, although the relative values of gy and gz do seem to provide some clue as to the correct ground state.



2017 ◽  
Vol 3 (2) ◽  
pp. 103
Author(s):  
Merve Ozkan Borsa

It goes without saying that the principle of separation of powers leads to an independent judiciary imposing the rule of law and thereby assurance for the society so as to be prevented against any abuse of power, which is an integral part and a must of democratic values. This independence and impartiality crystallize as to the degree the judiciary (as an institution) and individual judges are able to hold responsibility without being influenced or intervened by any other source. The confidence of the society and the maitenance of justice can only be ensured provided that this independence and impartiality is taken under guarantee by binding instruments and that the manner in which jurisdiction is performed is carried out in accordance to such requirement. Nevertheless, the author of this paper claims that if meant to remain pretty much uncontested, such rhetoric holds true merely for domestic law, since I believe there is reasonable ground to state that this idea –and “ideal” too, since it has also reached such a level-, is relevant mainly for the domestic laws, dissenting from international law; like the title of the article provocatively illustrates. Likewise, there has been theoretical objections asserting that independence, impartiality and neutrality of international courts and tribunals is not required for fair decisions, justice or the court’s effectiveness.



1931 ◽  
Vol 35 (252) ◽  
pp. 1146-1151
Author(s):  
J. D. Batten

In my article Wing-Beats, which appeared in this Journal, in the issue of October, 1930, I recorded a series of experiments demonstrating the strength and lightness of a spring formed by twisting skeins of natural silk.My hope is that silk torses of this kind will fulfil, in human flight, the postural function of a bird's pectoral muscles, leaving to human effort the phasic function of these muscles, that is to say, the activity induced by rapid nerve impulses from the brain.The ratio that may subsist between these two functions cannot, I think, be determined otherwise than by full-scale flight experiments, but the experiments already recorded give reasonable ground for the belief that the requisite human phasic output will be small in relation to the total weight movement.



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