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Articull Super Chartas - Law Dictionary Search Results

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Articull super chartas

Articull super chartas, the 28 Edw. 1, st. 3, s. 2; Reeves, c. xi. 136....


Super-institution

Super-institution, the institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another, 2 Cro. 463.A church being full by institution, if a second institution is granted to the same church this is a super-institution; concerning which two things have been resolved:-(1) That the super-institution, as such, is properly triable in the spiritual Court; (2) that it is not triable there, in case induction has been given upon the first institution.The advantage of a super-institution is, that is enables the party who obtains it to try his title by ejectment, without putting him to his quare impedit; but many inconveniences thence following (e.g., the uncertainty to whom tithes shall be paid, and the like), this method has been discouraged, Mirehouse on Advowsons, 189....


Super falso et certo fingitur, super incerto et vero jure sumitur

Super falso et certo fingitur, super incerto et vero jure sumitur, a fiction assumes that the thing feigned is certainly untrue: a presumption of law assumes that what is presumed is not certain to be true. No one ever believed that a fiction (e.g. that a contract in fact made on the high seas was made at the Royal Exchange, or that the plaintiff in the Court of Exchequer was an accountant of the Crown) was true. That is why its truth was not permitted to be denied. On the other hand, it is probably true that, e.g., a child under 8 is doli incapax and for that reason it is conclusively presumed to be true....


Super-jurare

Super-jurare, a term anciently used when a criminal endeavoured to excuse himself by his own oath, or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses; this was called super-jurare, Jac. Law. Dict....


Super-tax

Super-tax. This term was first employed in the (English) Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), s. 4, to denote an additional duty of income tax which was then levied upon incomes of over 2,500l., altered to 2,000l. by 10 & 11 Geo. 5, c. 18, per annum. The duty was at the rate prescribed by Parliament in any year.By the (English) Finance Act, 1927 (17 & 18 Geo. 5, c. 10), s. 38, super tax has ceased to become charge-able; instead, income tax is charged at a standard rte and persons whose income exceeds a stated amount pay at a higher rate in respect of the excess. The higher tax on the excess is treated as a deferred instalment of income tax and is called SUR-TAX. See ss. 38 and 40 (ibid.)....


Charta de foresta

Charta de foresta is taken from the roll of 25 Edward I., and has a confirmation of that date prefixed to it, similar to that prefixed to Magna Charta. This charter, though of infinite importance at the time it was made, contains i it nothing interesting to a modern lawyer, any further than as it gives some specimen of the nature of the institution of Forest Laws, and the burthens thereby brought on the subject. It contains 16 chapters, 1 Reeves, c. v. 254....


Articulated vehicle

Articulated vehicle, 'articulated vehicle' means a motor vehicle to which a semitrailer is attached. [Motor Vehicles Act, 1988 (59 of 1988) s. 2(2)]...


Arrest facto super bonis mercatorum alienigenorum

Arrest facto super bonis mercatorum alienigenorum, a writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country after denial of restitution, Reg. Brev. 129. The ancient civilians called it clarigatio, but by the moderns it is termed reprisalia....


Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est

Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est [Lat.], The witnesses being dead, it must be referred, as to the truth of charters, out of necessity, to the country-i.e. a jury....


Super altum mare

Super altum mare [Lat.] (upon the high sea)...


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