Clandestine - Law Dictionary Search Results
Home Dictionary Name: clandestineClandestine
Conducted with secrecy withdrawn from public notice usually for an evil purpose kept secret hidden private underhand as a clandestine marriage...
Clandestine mortgages
Clandestine mortgages. By 4 & 5 Wm. & Mary, c. 16, it was enacted that if any person, having once mortgaged his lands for a valuable consideration, shall again mortgage the same lands, or any part thereof, to any person, the former mortgage being in force, and shall not discover in writing to the second mortgagee the first mortgage, such mortgagor so again mortgaging his lands shall have no relief or equity of redemption against the second mortgagee. This Act was repealed by the (English) Law of Property Act, 1925. By s. 183 of the Act of 1925, any person disposing of property or any interest therein for money or money's worth as a purchaser, or his agent, who conceals any instrument or incumbrance material to the title with intent to defraud, is made guilty of mis-demeanour punishable by fine and imprisonment and also to an action for damages if sustained. See DECEIT; FRAUD....
Smuggling
Smuggling, the offence of importing prohibited Articles, or of defrauding the revenue by the introduction of Articles into consumption without paying the duties chargeable upon them. It may be committed indifferently either upon the excise or customs revenue.The crime of importing or exporting illegal articles or articles on which duties have not been paid, Black's Law Dictionary, 7th Edn., p. 1394.Smuggling is restrained by the statutes relating to the Customs, and in particular by the Customs Consolidation Act, 1876.In relation to any goods, means any act or omission which will render such goods liable to confiscation under s. 111 or s. 113. [Customs Act, 1962 (52 of 1962), s. 2 (39)]The general concept of smuggling contains two elements: one, the bringing into India of goods the import of which is prohibited; and two, the bringing, into the country's trade stream, of goods the import of which is permitted without paying the customs duties with which they are chargeable. The second e...
Clancular
Conducted with secrecy clandestine concealed...
Clandestinity
Privacy or secrecy...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Dona clandestina sunt semper suspiciosa
Dona clandestina sunt semper suspiciosa. 3 Rep. 81.-(Clandestine gifts are always suspicious.) See GIFT...
Gretna green marriage
Gretna green marriage, a marriage celebrated at Gretna, in Dumfries (bordering on the county of Cumberland), in Scotland. By the law of Scotland a valid marriage may be contracted by consent alone before witnesses without any other formality. See PER VERBA DE PR'SENTI.A marriage entered into in a jurisdiction other than where the parties reside to avoid some legal impediment that exists where they live; a runaway marriage, Black's Law Dictionary, 7th Edn., p. 709.When Lord Hardwicke's repealed Marriage Act of 1753 (26 Geo. 2, c. 33), rendered the publicationof banns (or a licence) necessary in England, it became usual for persons who wished to marry clandestinely to go to Gretna Green, the nearest part of Scotland, and marry according to the Scotch law; so a sort of chapel was built at Gretna Green, in which the English marriage service was performed by the village blacksmith; as to the validity of such marriages, see Hubback on Succession. But by the Marriage (Scotland) Act, 1856 (19 ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Removal of goods to prevent distress
Removal of goods to prevent distress. See the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), which, if the removal of his goods by a tenant be fradulent, or clandestine, allows the landlord to follow and distrain upon the goods for thirty days, wherever they are. See Woodfall, L. & T....
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