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Benjamin - Law Dictionary Search Results

Home Dictionary Name: benjamin

Benjamite

A descendant of Benjamin one of the tribe of Benjamin...


entail

entail [Middle English entaillen, from en-, causative prefix + taille restriction on inheritance see tail ] : to make (an estate in real property) a fee tail : limit the descent of (real property) by restricting inheritance to specific descendants who cannot convey or transfer the property [estates are ed entire on the eldest male heir "Benjamin Franklin"] en·tail·ment n n 1 : an act or instance of entailing real property ;also : the practice of entailing property [the repeal of the laws of would prevent the accumulation and perpetuation of wealth in select families "Thomas Jefferson"] see also De Donis Conditionalibus in the Important Laws section 2 : an entailed estate in real property [if s had not become barrable "Eileen Spring"] 3 : the fixed line of descent of an entailed estate ...


Benjamin

See Benzoin...


Franklinic

Of or pertaining to Benjamin Franklin...


Franklin stove

A kind of open stove introduced by Benjamin Franklin the peculiar feature of which was that a current of heated air was directly supplied to the room from an air box now applied to other varieties of open stoves...


Primrose League

A league of both sexes among the Conservatives founded in 1883 So called because primrose was erroneously it is said taken to be the favorite flower of the Conservative statesman Benjamin Disraeli Earl of Beaconsfield...


Betting

Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...


Bought and Sold Notes

Bought and Sold Notes. It is no longer the custom for brokers who have succeeded in making a contract to make any entry in their books save for their own private information, and it is now almost the universal practice to regard the bought and sold notes as the proper evidence of the contract. The broker sends to the seller a 'sold note' and to the buyer a 'bought note,' these being now the usual terms, though formerly their use was sometimes the converse. When each note discloses the name of both parties to the transaction, each is a complete memorandum of the bargain. When each note only discloses the name of one party, the two may be treated as one memorandum. The bought and sold notes are deemed to constitute a single document, and if they differ materially they are nullities unless one has been assented to by the parties as containing the terms of the contract.Every contract note for or relating to the sale or purchase of any stock or marketable security must be stamped when the v...


Lottery

Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...


Oyer

Oyer (to hear), the ancient word for assizes; oyer of a deed, i.e., the right of a defendant to have a deed read to him, is abolished by (English) C.L.P. Act, 1852, 55.Means a party having a right to demand oyer is yet not obliged, in all cases, to exercise that right; nor is he obliged, in all cases, offer demanding it, to notice it in the pleading he afterwards files or delivers. Sometimes, however, he is obliged to do both, namely, where he has occasion to found his answer upon any matter contained in the deed of which profert is made, and not set forth by his adversary. In these cases the only admissible method of making such matter appear to the court is to demand oyer, and, from the copy given, set forth the whole deed verbatim in his pleading, Handbook of Common-Law Pleading, Benjamin J. Shipman, 289 at 483 (Henry Winthrop Ballantine, Editor, 3rd Edn., 1923)....


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