Constat - Law Dictionary Search Results
Home Dictionary Name: constatConstat
Constat, a certificate which the Clerk of the Pipe and auditors of the Exchequer made, at the request of any person who intended to plead or move in that Court, for the discharge of anything. The effect of it was the certifying what appears (constat) upon record touching the matter in question. It was held to be superior to an ordinary certificate, because it did not contain anything but what appears on record. An exemplification of the enrolment of letters-patent under the Great Seal in called a constat, Co. Litt. 225; Page's case, 5 Rep. 52....
Id perfectum est quod ex omnibus suis partibus constat; et nihil perfectum est dum aliquid restat agendum
Id perfectum est quod ex omnibus suis partibus constat; et nihil perfectum est dum aliquid restat agendum [Lat.], that is perfect which is complete in all its parts; and nothing is perfect whilst anything remains to be done....
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa. 5 Co. 61, (No man ought to be twice put to trouble, if it appear to the Court that it is for one and the same cause.) In civil actions the general rule is, that the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another Court. the exception to this rule is in the action of ejectment, 2 Selw. N.P. 763.It is also well established in the criminal law, that when a man is indicted for an offence, and acquitted, he cannot afterwards be indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted upon it by proof of the facts contained in the second indictment, Arch. Cr. Plead. For a recent instance of the application of the maxim, see Rex. v. Simpson, (1914) 1 KB 66. See AUTREFOIS CONVICT.But an abortive trial without a verdic...
Nihil facit error nominis cum de corpore constat
Nihil facit error nominis cum de corpore constat [Lat.], an error of name is nothing when there is certainty as to the person....
Quod constat curi' opere testium non indiget
Quod constat curi' opere testium non indiget. 2 Inst. 662, (What is manifest to the Court needs not the help of witnesses.) see JUDICIAL NOTICE....
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum. Justinian's Institutes, 1. 2, t. 20, s. 29.-(Although a testator may have mistaken the nomen, cognomen, or pr'nomen of a legatee, yet if it be certain who is the person meant, the legacy is valid.)...
Hundred
Hundred, a subdivision of the county, the nature of which is not known with certainty. In the Dialogus de Scaccario, it is said that a hunred 'ex hydarum aliquot centenariis, sed non determinatis constat; quidam enim ex pluribus, quidam ex pauucioribus constat.' Some accounts make it consist of precisely a hundred hides: others, of a hundred tithing, or of a hundred fee families. Certain it is that whatever may have been its original organization, the hundred, at the period when it became known to us, differed greatly as to the extent in the several parts of England. This division is ascribed to King Alfred, and he may possibly have introduced it into England, though it was established among the Franks in the sixth century. In the capitularies of Charlemagne we meet with it in the form known among us, Capit. 1. 3, c. x. See HUNDREDORS....
Constat
A certificate showing what appears upon record touching a matter in question...
Constate
To ascertain to verify to establish to prove...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
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