Common Law - Law Dictionary Search Results
Home Dictionary Name: common law Page: 2 Page 2 of about 677 results (0.006 seconds)common-law marriage
common-law marriage : a marriage that is without a ceremony and is based on the parties' agreement to consider themselves married and usually also on their cohabitation for a period and their public recognition of the marriage compare concubinage NOTE: Most jurisdictions no longer allow this type of marriage to be formed, although they may recognize such marriages formed prior to a certain date or formed in a jurisdiction that does permit common-law marriages. ...
Masters of the Common Law Courts
Masters of the Common Law Courts. There were five Masters on the plea side of each of the Courts of King's Bench and Exchequer, and also in the Common Pleas. They were appointed by 7 Wm. 4 & 1 Vict. c. 30, and their duties were to tax costs, compute damages, attend the judges in court, etc. These officers became, under the Judicatures Act, officers of the Supreme Court, and were attached to the Division of the High Court representing the Court to which they formerly belonged (Jud. Act, 1873, s. 77; (English) Jud. Act, 1875, Ord. LX., r. 1). Under 30 & 31 Vict. c. 68, and the (English) General Rules of Michalmas Term, 1867, the Masters transacted a considerable portion of the business at Judges' Chambers; and they now have similar powers (R.S.C., Ord. LIV., r. 12)....
common-law lien
common-law lien see lien ...
common-law trust
common-law trust see trust ...
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....
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Esoterica
Esoterica, Implying esocteric interpretations of law which a common man may not be able to understand; meant only for the knowledgeable. 'Esoterica is anathema for law affecting the common in the commerce of life.' [Bangalore Water Supply v. A. Rajappa, AIR 1978 SC 548]. (Justice V.R. Krishna Iyer)...
Interrogatories
Interrogatories, written questions addressed on behalf of one party to a cause, before the trial thereof, to the other party, who is bound to answer them in writing upon oath.In the Courts of Equity either party could from very early times interrogate the other. In the Courts of Law this power was first given by the (English) Common Law Procedure Act, 1854, s. 51, which, however, only allowed it to be exercised by leave of the Court or a judge. Under the present practice interrogatories can only be administered in the High Court by leave of the Court, i.e., a Master at Chambers, and the particular questions proposed to be asked must be submitted for his approval; a sum, generally 5l., may be ordered to be paid into Court as security for costs. See R.S.C. 1883, Ord. XXXI., and consult Bray or Ross on Discovery. As to interrogatories in the County Courts, see C.C. Rules, 1903, Ord. XVI. An order for interrogatories cannot be made in an arbitration under the (English) Workmen's Compensati...
Ordinary
Ordinary, a judge who has authority to take cog-nizance of causes in his own right, and not by deputation or delegation, Civ. Law. See NOTARY.By the Common Law, one who has exempt and immediate jurisdiction in causes ecclesiastical.Also, a bishop: and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also, a commissary or official of a bishop or other ecclesiastical judge having judicial power; an archdeacon; officer of the royal household....
Pactum de non petendo
Pactum de non petendo, an agreement made between a creditor and his debtor that the former will not demand from the latter the debt due. By this agreement the debtor is freed from his obligation, Civ. Law. This is not unlike the covenant not to sue of our Common Law....
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