Dead Man S Statute - Law Dictionary Search Results
Home Dictionary Name: dead man s statutedead man's statute
dead man's statute : a law barring the testimony of a person with an interest in an estate regarding any conversation with or any event taking place in the presence of the decedent called also dead man act dead man's act ...
Dead man's part
Dead man's part, the remainder of an intestate's movables, besides that which of right belonged to his wife and children. This was formerly made use of in masses for the soul of the deceased; subsequently, the administrators applied it to their own use and benefit, until the 1 Jac. 2, c. 17, subjected it to distribution among the next of kin. In Scotland the 'dead's part' of a man's personalty is that part of which he is entitled to dispose by will. See REASONABLE PARTS....
Dead
Deprived of life opposed to alive and living reduced to that state of a being in which the organs of motion and life have irrevocably ceased to perform their functions as a dead tree a dead man...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Sturges Bourne's Acts
Sturges Bourne's Acts. (English) (1) 58 Geo. 3, c. 69, the Vestries Act, 1818 (Chitty's Statutes, tit. 'Vestries'), as to notice of vestries, qualification for vestry meetings, etc. (repealed as to rural parishes by the Local Government Act, 1894), preservation of parish books and other matters; and (2) 59 Geo. 3, c. 12, the Poor Relief Act, 1819 (Chitty's Statutes, tit. 'Poor'), by which the inhabitants of any parish, in vestry assembled, were enabled to commit the management of its poor to a committee of the parishioners appointed for that purpose and called a 'select vestry,' to whose orders the overseers were bound to conform (this portion of the Act, being superseded by the Poor Law Amendment Act, 1834, is repealed by the Statute Laws Revision Act, 1873). See now Poor Law Act, 1930, and POOR LAW....
Borrowing statute
Borrowing statute, means a legislative exception to the conflict-of-laws rule holding that a forum State must apply its own statute of limitations. A borrowing statute specifies the circumstances in which a forum State will apply another State's statute of limitations, Black Law Dictionary, 7th Edn., p. 179....
Penal statute
Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...
Michael Angelo Taylor's Act (English)
Michael Angelo Taylor's Act (English) (57 Geo. 3, c. xxix.) (see Chitty's Statutes, tit. 'Metropolis'), for better paving and regulating the streets of the Metropolis, partly superseded by the (English) Metropolis Management Acts, and the (English) Public Health (London) Acts, which repeal 'as from the coming into operation of any bye-law made for the like object,' s. 73 and other ss. of M.A. Taylor's Act, but leaves unrepealed s. 73 of the (English) Metropolis Management Act, 1862, which incorporates M.A. Taylor's Act, so far as in force and not inconsistent with the Act of 1862 and the Acts recited therein....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial