Conveyancing Counsel - Law Dictionary Search Results

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Conveyancing counsel

Conveyancing counsel. The Lord Chancellor may nominate any number of conveyancing counsel in actual practice, not less than six who have practised as such for ten years at least, to be the conveyancing counsel upon whose opinion the court or any judge thereof may act; see (English) Court of Chancery Act, 1852 (15 & 16Vict. c. 80), s. 40; Dan. Ch. Pr. No special provision is made for these counsel by the (English) Jud. Acts, 1873 and 1875; except in so far as they can retain their offices as officers of a court whose jurisdiction is transferred to the Supreme Court [(English) Jud. Act, 1873, ss. 77 et seq.]. See now (English) Judicature Act, 1925, s. 217. See R.S.C. 1883, Ord. LI., rr. 7 to 13....

Alimony

Alimony [fr. alimonia. Lat.], the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or wilfully leave her husband without any just cause for so doing.It is of two kinds: (a) In causes between husband and wife. The husband is obliged to allow his wife alimony during the suit, and this whether the suit be commenced by or against him, and whatever its nature may be. It is usually such a sum as will provide the wife with one-fifth of the joint incomes, and will be reduced according to fluctuations of income. The wife may apply for an increase of his means have improved. (b) Permanent alimony, which is allotted to a wife after final decree. Alimony is within the exclusive jurisdiction of the Probate and Divorce Division. The Court may direct its payment ...

Reference

Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...

Replevin

Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a re-delivery to the owner of the pledge or thing taken in distress. It is re-delivered to him by the registrar of the county court of the district within which it was taken, upon his undertaking and giving security to try the validity of the distress or taking, in an action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep it in distraint subject to the law of distress.It is a general rule that whoever brings replevin ought to ha...

Rent

Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...

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