Bene - Law Dictionary Search Results
Home Dictionary Name: benede bene esse
de bene esse [Medieval Latin, literally, of well-being (i.e., morally acceptable, but subject to legal validation)] : subject to future exception : conditional provisional [depositions de bene esse] ...
Dum bene se gesserit
Dum bene se gesserit. See QUAMDIU SE BENE GESSERIT...
Quamdiu se bene gesserit
Quamdiu se bene gesserit (as long as he shall behave himself well), a clause frequent in letters-patent or grants of certain offices, as that of judge or recorder, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them-the opposite clause being durante bene placito (during the pleasure of the grantor), as that of town clerk, which office is held during the pleasure of the town council....
De bene esse
De bene esse. To take or do anything de bene esse is to accept or allow it as well done for the present; but when it comes to be more fully examined or tried, to stand or fall according to the merit of the thing in its own nature (Jac. Law Dict.). in modern times the term is chiefly used in reference to an examination, out of Court and before trial, of witnesses who are old, dangerously ill, or about to leave the country, on the terms that if the witnesses continue ill or absent, their evidence be read at the trial, but if they recover or return, the evidence be taken in the usual manner. Now by R. S. C. 1883, Ord. XXXVII., r. 5, the Court may, in any cause or matter where it shall appear necessary for the purposes of justice [see Bidder v. Bridges, (1884) 26 Ch D 1], make any order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such cause or matter to give suc...
Accusator post rationable tempus non est audiendus, nisi se bene de omissione excusaverit
Accusator post rationable tempus non est audiendus, nisi se bene de omissione excusaverit [Lat.], An accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay....
Confidence trick
Confidence trick. Where A. persuaded B. by a trick to deposit money or property with A. or a third party in order to show that B. trusts A. or the third party. Usually a preliminary to some joint but fictitious undertaking promising enormous bene-fits to B. Where the possession of money or goods is obtained under a contract induced by fraud, the person so fradulently obtaining possession may be convicted of larceny. In order to reduce the taking under such circumstances from larceny to fraud the transaction must be incomplete. The term 'confidence trick' is also familiarly applied to other cases, of which there are many examples. See R. v. Russett, (1892) 2 QB 312, in which the prisoner purported to sell a horse for 23l., and required the buyer to pay 8l. forthwith and the balance on delivery of the horse, but never in fact delivered the horse or intended to do so, R. v. Buckmaster, (1887) 20 QBD 182, 'welching' on a racecourse....
Perpetuating testimony
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, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
Pandect', or Digesta
Pandect', or Digesta. In the last month of the year AD 530, Justinian, by a constitution addressed to Tribonian, empowered him to name a commission for the purpose of forming a code out of the writings of those jurists who had enjoyed the Jus respondendi, or, as it is expressed by the emperor, 'antiquorum prudentium quibus auctoritatem conscribendarum interpretandarumque legum sacratissimi principes pr'buerunt.' The compilation, however, comprises extracts from some writers of the republican period, Const. Deo Auctore. Ten years were allowed for the completion of the work. The instructions of the emperor were, to select what was useful, to omit what was antiquated or superfluous, to avoid unnecessary repetitions, to get rid of contradictions, and to make such other changes as should produce out of the mass of ancient juristical writings a useful and complete body of law (jus Antiquum);--the work was to be named Digesta, a Latin term indicating an arrangement of materials; or Pandect', ...
Lord Lieutenant of a County
Lord Lieutenant of a County, an officer of great distinction, appointed by the Crown for the managing of the standing militia of the county, and all military mattes therein. Lords lieutenant are supposed to have been introduced about the reign of Henry VIII., for they are mentioned as known offices in the 4 & 5 Ph. & M. c. 3, though they had not been long in use; for Camden speaks of them in the time of Queen Elizabeth as extraordinary magistrates, constituted only in times of difficulty and danger. They are generally of the principal nobility, and of the best interest in the county; they are to form the militia in case of a rebellion, etc., and march at the head of them, as the Crown shall direct. They have the power of presenting to the sovereign the names of deputy-lieutenants, who are to be selected from the best gentry in the county, and act in the absence of the Lord Lieutenant. Their jurisdiction and privileges in relation to the militia, yeomanry, and volunteers reverted to her...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
- << Prev.
- Next >>