Common Seal - Law Dictionary Search Results
Home Dictionary Name: common sealCommon seal
Common seal, a seal used by a corporation as the symbol of their incorporation, and see CORPORA-TION....
Corporation or body politic
Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...
seal
seal [Old French seel, from Latin sigillum, from diminutive of signum mark, sign] : a device (as an emblem, symbol, or word) used to identify or replace a signature and to authenticate (as at common law) written matter see also contract under seal at contract under seal : with an authenticating seal affixed vt 1 : to authenticate or approve by or as if by a seal 2 : to close off (as records) from public access ...
Chancery Common Law Seal
Chancery Common Law Seal, for the sealing of writs, etc., out of the Petty Bag Office, 12 & 13 Vict. c. 109, ss. 11, 14. See now R. S. C., Ord. LXI....
Letter-claus
Letter-claus (liter' claus'), close letter, so called in contradistinction to letters-patent, because the former is commonly sealed up with the royal signet, or privy seal; whereas letters-patent are left open and sealed with the broad seal....
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Hospitals
Hospitals, eleemosynary corporations. They are either aggregate, in which the master or warden and his brethren have the estate of inheritance; or sole, in which the master, etc., only has the estate in him, and the brethren or sisters, having college and common seal in them, must consent, or the master alone has the estate, not having college or common seal. So hospitals are eligible, donatives, or preventative, Jac. Law Dict.By 39 Eliz. c. 5, made perpetual by 21 Jac. 1, c. 1, any person seised of an estate in fee-simple may, by deed enrolled in Chancery, erect and found a hospital for the sustenance and relief of 'the maimed, poor, needy, or impotent people'; but no such hospital may be erected unless endowed with lands or hereditaments of the yearly value of 20l.For power of local authorities to provide hospitals for their districts, see Public Health Act, 1875, s. 131; Isolation Hospitals Acts, 1893, 1901 (56 & 57 Vict. c. 68; 1 Edw. 7, c. 8), all repealed from Oct. 1937 and repla...
Great Seal
Great Seal [clavis regni,Lat.], the emblem of sovereignty, introduced by Edward the Confessor. It is held by the Lord Chancellor or Lord Keeper for the time being and may not be taken out of the country. By Art. 24 of the Union between England and Scotland (5 Anne, c. 8) it was provided that there should be one Great Seal for the United Kingdom, to be used for sealing writs to summon the Parliament, and for sealing treaties with foreign states and all public acts of state which concern the United Kingdom, and in all other matters relating to England, as the Great Seal of England was then used; and that a seal in Scotland should be kept and made use of in all things relating to private rights or grants, which had usually passed the Great Seal of Scotland, and which only concern offices, grants, commissions, and private right within Scotland. On the Union between Great Britain and Ireland no express provision was made by any of the Articles of the Union as to the establishing one Great S...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Privy seal and privy signet
Privy seal and privy signet. The Privy Seal (privatum sigillum) is a seal of the sovereign under which charters, pardons, etc., signed by the sovereign, pass before they come to the Great Seal,and also used for some documents of less consequence which do not pass the Great Seal at all, such as discharges of recognizances, debts, etc. The Privy Signet is one of the sovereign's seals, used in sealing his private letters, and all such grants as pass his hand by bill signed, which seal is always in the custody of the King's secretaries. There were formerly four clerks of the Signet Office, but by 14 & 15 Vict. c. 82, s. 3, the offices of the clerks of the signet and of the privy seal are abolished. The practice as to the passing of letters under these seals was altered and simplified by the same statute....
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