Baxter - Law Dictionary Search Results

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Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

Ratification

Ratification, confirmation. 'A contract of agency may also be created by ratification. Where A. purports to act as agent for B., either having no authority at all or having no authority to do that particular act, the subsequent adoption by B. of A.'s act has the same legal consequences as if B. had originallyauthorised the act. But there can be no ratification unless A purported to act as agent, and to act for B.; and in such a case B alone can ratify. Nor can there be any binding ratification of any agreement which was originally void' (Odgers on the Common Law), or where the principal was not in existence at the time of the act, either in fact or in the contemplation of law as in the case of persons such as trustees in bankruptcy or personal repre-sentatives who acquire title by relation, Kelner v. Baxter, LR 2 CP 174; and see also NOTICE TO QUIT. Omnis ratihabitio retrotrahitur et mandato 'quiparatur (Co. Litt. 207 a). As to the ratification of contracts by infants, see the Infants ...

Subject to war clause

Subject to war clause, this expression has not ac-quired any definite meaning and such stipulation being wholly vague, would have no significance. If any articles are delivered under a contract con-taining such a clause, no implication is to be derived from the delivery of the goods by one party or the payment made by the other consequent on such delivery, Bishop & Baxter Ltd. v. Anglo-Eastern Trading & Co. Ltd., (1994) 1 KB 12....

Trinobantes, Trinonantes, or Trinovantes

Trinobantes, Trinonantes, or Trinovantes, inhabitants of Britain, situated next to the Cantii northward, who occupied, according to Camden and Baxter, that country which now comprises the counties of Essex and Middlesex, and some part of Surrey. But if Ptolemy be not mistaken, their territories were not so extensive in his time, as London did not then belong to them. The name seems to be derived from this three following British words:-Trie, now, hant, i.e., inhabitants of the new city (London), Encyc. Londin....

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