Attesting Witness - Law Dictionary Search Results
Perpetuating testimony
him to litigate the question at once or not at all, and by perpetuating the evidence of the attesting witnesses. See DE BENE ESSE. The suit for declaration of legitimacy is in the nature of a suit … Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated,
Medical witnesses
& 51 Vict. c. 71), s. 21. The deposition of civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this chapter, may be
Power
be valid, although other required solemnities are not observed [(English) Wills Act, 1837, s. 10]; and a deed attested by two witnesses is a valid execution of a power of appointment by deed or by any instrument … other required solemnities are not observed [(English) Wills Act, 1837, s. 10]; and a deed attested by two witnesses is a valid execution of a power of appointment by deed or by any instrument in writing not
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Bill of sale
of sale being given, and a description of the residence and occupation of the deponent and of every attesting witness of the bill of sale. In 1866, by 29 & 30 Vict. c. 96, registration had to be
Nuncupative Will
will made by a soldier under s. 11 accordingly requires no attestation, and s. 15, avoiding gifts to attesting witnesses, has no application to such a will [Re Limond, (1915) 2 Ch 240]. The Wills (Soldiers and … testament depending merely upon oral evidence, being declared by the testator in extremis before a sufficient number of witnesses and after wards reduced to writing, 2 Bl. Com. 500. The (English) Statute of Frauds, 29, Car. 2,
Deed
(17 & 18 Vict. c. 125), s. 26, that it would not be necessary to prove by the attesting witness any instrument to the validity of which 'attestation is not requisite.' A deed may be delivered as an
Publication
to publication of banns of marriage, see MARRIAGE. Publication of a will is no longer necessary, the proper attestion of two witnesses taking the place of the 'publication,' i.e., the declaration by the testator in the presence … of 1932). Publication of evidence in Chancery is no longer practised, as all parties attend the examination of witnesses. Publication of a citation in two newspapers is frequently ordered by the Court for Divorce and the Court
Unus Nullus Rule, The
Nullus Rule, The, the rule of evidence which obtains in the Civil Law, that the testimony of one witness is equivalent to the testimony of none. See Best on Evidence, bk. 3, pt. 2, c. 10, and … for an affiliation order, and two witnesses are required on an indictment for treason or perjury, and for attestation of a will. The unsupported evidence of an accomplice, though legally admissible, is usually rejected by a jury
Protest
the said original bill. Thus done and protested in the presence of E.F. and G.N., witnesses.' Which I attest [signature], Notary public of There may be a protest by a householder when the services of a notary … of payment of the said original bill. Thus done and protested in the presence of E.F. and G.N., witnesses.' Which I attest [signature], Notary public of There may be a protest by a householder when the services
Testing clause
to the forms of law, Black's Law Dictionary, 7th Edn., p. 1486. In Scotland, the final clause of attested documents, indicating the designation of signatories; place and date of attestation; and names and designation of the witnesses … attested documents, indicating the designation of signatories; place and date of attestation; and names and designation of the witnesses
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