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filiation [Late Latin filiatio relationship of a son and father, from Latin filius son] 1 : a legal relationship of a parent and esp. a father and child that creates rights and obligations [used to help prove in a paternity suit "LeBlanc v. LeBlanc, 427 So. 2d 1361 (1986)"] see also legitimate filiation compare acknowledgment, paternity NOTE: The Louisiana Supreme Court has held that children not entitled to legitimate filiation to the alleged parent, or not legitimated or formally acknowledged by the alleged parent, may establish filiation in a filiation proceeding. This has led to some instances where the legitimate children of one father have been allowed to prove filiation to another father. Such an action does not make the children illegitimate but does create a status of dual paternity. 2 : adjudication of paternity or filiation [the court has made an order of "Idaho Code"] ...
Canal boats
Canal boats. The registration and inspection of canal boats used as dwellings, and the education of children living therein, provided for by the (English) Canal Boats Act, 1877 (40 & 41 Vict. c. 60), partly repealed by the (English) Public Health Act, 1936, made more stringent by the (English) Canal Boats Act, 1884 (47 & 48 Vict. C. 75), repealed and replaced by the (English) P. H. Act, 1936. See ss. 249 and 258 ibid. For the purposes of this Act; canal' includes any river, inland navigation or lake or any other waters wholly or in part within a county or borough. Canal boat means any vessel used for the conveyance of goods except registered Thames barges, registered seagoing ships and pleasure vessels.The (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 10, deals with education of children....
Chastisement
Chastisement. As to legality of correction of a child by its parent, an apprentice or scholar by his master, or a criminal by an officer, see s. 24 of the (English) Prevention of Cruelty to Children Act, 1894 (57 & 58 Vict. c. 41), replaced by the (English) Prevention of Cruelty to Children, 1904 (4 Edw. 7, c. 15), and see 8 Edw. 7, c. 67. The (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 1 (7), preserves the right of parent, teacher, or persons having lawful control to administer punishment. As to criminals, the (English) Prisons Act, 1898 (61 & 62 Vict. c. 41), and rules thereunder. By s. 5, ibid., the order must be confirmed by the Secretary of State, nd (as to scholars) Cleary v. Booth, (1893) 1 QB 465; and Mansell v. Griffin, (1908) 1 KB 160 (947); R. v. Newport (Salop) J.J., ex parte Wright, 1929 (2) KB 416. A husband cannot inflict chastisement on his wife, and all ancient dicta to the contrary are now unsound, R. v. Jackson, (1891) 1 QB 671. See Lus...
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Pawnbroker
Pawnbroker, contemplates that every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattel may be afterwards repurchased on any terms, is a 'pawnbroker', Karnataka Pawnbrokers' Assn. v. State of Karnataka, (1998) 7 SCC 707.One who lends money on goods which he receives upon pledge.The rate of interest which pawnbrokers may take has been fixed by law since 1800, by 39 & 40 Geo. 3, c. 48, which Act placed their whole business under various other restrictions. By the (English) Pawn-brokers Act, 1872 (which applies to Scotland, but not to Ireland), this Act, together with its amending Acts, is repealed, and the statute law of the subject consolidated. Sch. IV., dealing with profits and charges, has been amended by the (English) Pawnbrokers Act, 1922, in respect of loans not exceeding 40s.By s. 5 of the A...
Infant Life Protection Act, 1897
Infant Life Protection Act, 1897 (English) (60 & 61 Vict. c. 37), now repealed and replaced by the Children Act, 1908. See CHILDREN....
Infanticide
Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-(1) What is the age of the child?(2) Was the child born alive?(3) If born alive, how long had it lived?(4) If born alive, by what means did it die?If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--(1) Whether she has been delivered of ...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Jus relictae
Jus relictae, means 'right of a widower'. A widow's claim to her share of her deceased husband's movable estate. If the widow has children, her share in one-third; if not, her share is one-half, Black's Law Dictionary, 7th Edn., p. 867.Jus relict', the right of a widow in her deceased husband's personality; if there be children, she is entitled to a third of it; if there be none, to a half. But see now the (English) Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10). See REASONABLE PARTS....
In judicio non creditur nisi juratis
In judicio non creditur nisi juratis [Lat.], in judicial procedure there is no credit, save to things sworn.In judicio non creditur nisi juratis. Cro. Car. 54.--(In a trial credence is given only to those who are sworn.) For admission of unsworn evidence of a child, however, in case of cruelty, etc., to child, see (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), s. 38. See CHILDREN (Evidence)....
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