Ad Quod Damnum - Law Dictionary Search Results
Home Dictionary Name: ad quod damnumAd quod damnum
Ad quod damnum, a writ which ought to be issued before the Crown grants further liberties, as a fair, market, etc., which may be prejudicial to others; it is addressed to the sheriff, to inquire what damage it may do to grant a fair, market, etc. It is also used to inquire of lands given in mortmain to any house of religion, etc., Termes de la Ley. See 27 Edw. 1, st. 2....
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Petty-bag Office
Petty-bag Office, an office belonging to the Common Law jurisdiction of the Court of Chancery, for suits for and against solicitors and officers of that Court, and for process and proceedings by extents on statutes, recognizances, ad quod damnum scire facias to repel letters-patent, etc., Termes de la Ley. The term is derived from the little bag (parva baga) in which original writs relating to the business of the Crown were anciently kept.By the Great Seal Offices Abolition Act, 1884, s. 5, provision was made for the abolition of the office of Clerk of the Petty Bag, and the transfer of his duties, and in 1888, the last holder of the office dying, it ceased to exist.The Common Law jurisdiction of the Court of Chancery is now transferred to the High Court of Justice [(English) Jud. Act, 1925, s. 18(2)(b)], replacing (English) Jud. Act, 1873, s. 16).Pew [fr. puye, Dut.; appui, Fr.], an enclosed seat in a church. It is some what in the nature of an heirloom, and may descend by immemorial ...
ad damnum
ad damnum [Latin, in accordance with the loss] : the claim for damages in a civil lawsuit [defendant's motion seeking to reduce the ad damnum demanded in the complaint] ...
Damnum absque injuria
Damnum absque injuria, means if the law gives no remedy, there is 'damnum absque injuria' or damage without the right to recompense, Halsbury's Laws of England 12(1), para 802, p. 264.Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he please...
Damnum absque injuri'
Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he pleases, so long as he does not trespass, though his doing so after the twenty years would be actionable by virtue of the Prescription Act. See PRESCRIP-TION and UBI JUS, IBI REMEDIUM....
Ad damnum
Ad damnum (to the damage). The concluding words of the declaration which state the amount of the plaintiff's damage. See 1 Chit. Pl. 434....
Id quod est magis remotum non trahit ad se quod est magis junctum, sd e contrario in omni casu
Id quod est magis remotum non trahit ad se quod est magis junctum, sd e contrario in omni casu [Lat.], that which is more remote does not draw to itself that which is nearer, but on the contrary in every case....
Factum a judice quod ad officium ejus non spectat, ratum non est
Factum a judice quod ad officium ejus non spectat, ratum non est [Lat.] An action of a judge, which relates not to his office, is of no force....
Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud
Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud. 5 Rep. 116, (When anything is commanded, everything by which it can be accomplished is also commanded.)...
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