Byway - Law Dictionary Search Results
Home Dictionary Name: bywayBy passage
A passage different from the usual one a byway...
Byway
A secluded private or obscure way a path or road aside from the main one...
Diverticle
A turning a byway a bypath...
Highway
A road or way open to the use of the public especially a paved main road or thoroughfare between towns in the latter sense it contrasts with local street as on the highways and byways...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
New assignment
New assignment, a form of pleading which sometimes arose from the generality of the declaration, when, the complaint not having been set out with sufficient precision, it became necessary, from the evasiveness of the plea, to re-assign the cause of action with fresh particulars. It most frequently occurred in actions of trespass, as where two assaults had been committed, one of which was justifiable and the other indefensible; or in trespass quare clausum fregit, when the defendant claimed a right of way.New assignment is now abolished, and it is provided that everything formerly alleged by way of new assignment is to be introduced byway of amendment of the statement of claim, R.S.C. 1883, Ord. XXIII., r. 6 (annulled by (English) R.S.C., July, 1902, r. 7). See Bullen and Leake's Pleadings, 9th ed., p. 574....
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