Caution - Law Dictionary Search Results
Home Dictionary Name: cautionCaution
Caution, a species of bail; security. When used in this sense, the word is pronounced 'cayshon.'--Scots Law. In England, any warning. A prisoner or accused person is 'cautioned' before making a statement, that such statement may be used in evidence upon his trial.Caution.--Under the (English) Land Registration Act, 1925, ss. 54 to 56, is a notice to the Registrar in the nature of a caveat to the effect that the cautioner is entitled to be served with a notice of any application for the registration of an interest in registered land affecting the cautioner. Registration, as a rule, will to be effected until a reasonable time (usually 14 days) has elapsed after service of notice, or the cautioner has entered an appearance. Cautions may be lodged against first registration to protect unregistered mortgages, contracts for purchase, the vesting of equitably settled estates and other purposes. Cautions to protect unregistered mortgages under s. 106 of the (English) L. R. Act, 1925, confer a ...
Priority Caution
Priority Caution. See CAUTION. This form of caution is not available at the Land Registry except for the protection of persons entitled to 'minor interests' (see LAND REGISTRATION), and does not affect a purchaser for value. Consult Fortescue-Brickdale and Stewart-Wallace, Land Registration Act, 1925....
Cautioner
One who cautions or advises...
Monition
Instruction or advice given by way of caution an admonition a warning a caution...
Precaution
Previous caution or care caution previously employed to prevent mischief or secure good as his life was saved by precaution...
Caveat
Caveat (let him take heed), a warning or caution. If a person desired to stop the enrolment for decree in Chancery, in order to present a petition of appeal to the Lord Chancellor, he entered a caveat with his lordship's secretary, which prevented the enrolment for 28 days. See Appeal. It is sometimes entered to prevent the issuing of a lunacy commission. It is also entered to stay certain proceedings in Admiralty, the probate of a will, letters of administration, a licence of marriage, or an institution of a clerk to a benefice. Also a synonym for a Caution (q.v.), under the (English) Land Registration Act, 1925.In Scotland any one who expects certain proceedings to be taken by another may lodge with the Clerk of court a 'caveat.' He is then entitled to be informed by the Clerk if and when the proceedings are taken.--Where an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, in a court, any person claiming a right to app...
Gage
Gage [fr. gage,Fr.], a pledge, pawn, or caution; anything given in security.Gage is an older form of wage, and often approved as a phrase, gager deliverance, Black's Law Dictionary, 7th Edn., p. 686....
Cautione admittenda
Cautione admittenda, a writ that lies against a bishop who holds an excommunicated person in prison for contempt, notwithstanding he offers sufficient caution or security to obey the orders and commandment of the church for the future, Reg. Brev. 66....
Communis error facit jus
Communis error facit jus.-4 Inst. 240. (Common error makes law.) 'A maxim to be applied with very great caution.' See Broom's Legal Max., where common recoveries (see RECOVERY) are given as an example of its application, as also is the practice of the courts of adhering to erroneous, because long-established, views of the law. See PRECEDENTS....
Criminal Evidence Act
Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...
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