Desuetude - Law Dictionary Search Results
Home Dictionary Name: desuetudeDesuetude
Desuetude, disuse. In Scotland an Act is said to fall in to desuetude if, being of ancient date, it has for long been disregarded in practice. The Courts will not then give effect to it. The doctrine probably only applies to Acts of the Scots Parliament...
desuetude
desuetude [Latin desuetudo disuse, from desuescere to lose the habit of] : a doctrine holding that a statute may be abrogated because of its long disuse ...
Obsolete
Obsolete, invalid by virtue of discontinuance, said of a law or practice which has ceased to be enforced or be in use by reason of change of manners and circumstances, as 'wager or battel' (see BATTEL, WAGER OF), the punishment of the stocks (see STOCKS), the provision of the Gaming Act of Henry VIII. (33 Hen. 8, c. 9) (Revised Statutes, 2nd Edn., vol. i. p. 378, published in 1888; Chitty's Statutes, tit. 'Games and Gaming'), by which labourers and others are forbidden to play cards or other specified games 'out of Christmas,' but allowed to play them in Christmas in their masters' houses and in their masters' presence; and that of 1285 in the Stat. Westm. Sec., 13 Edw. 1, c. 34, by which elopement with a nun from her convent, although the nun consent, is punishable by three years' imprisonment and fine. For further instances, see the (English) Statute Law Revision Act, 1908 (8 Edw. 7, c. 49); and see also STATUTE LAW REVISION. But however absurd and, in common language, obsolete an En...
Desuetude
The cessation of use disuse discontinuance of practice custom or fashion...
Obsolescent
Going out of use becoming obsolete passing into desuetude...
Obsoleteness
The state of being obsolete or no longer used a state of desuetude...
Assumpsit
Assumpsit [he undertook] (to pay or perform) as set forth of the defendant by the plaintiff in the ancient pleading. The action of assumpsit (which, as a technical name, fell into desuetude with the passing of the Judicature Acts, 1873 and 1875, and is now generally superseded by the term 'action for breach of contract') was an action on the case, grounded originally on damages for breach of a promise; it lies for the recovery of damages for loss or injuries sustained by reason of the breach or non-performance of a promise, either express or implied, not under seal, but founded on a proper consideration. See PLEADING.The ordinary division of this action was into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise, Steph. Plead., 7th ed., 11, 13....
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Forest Courts
Forest Courts, fallen into absolute desuetude. They were instituted for the government of the royal forests in different parts of the kingdom, and for the punishment of all injuries done to the deer or venison, to the vert or greensward, and to the covert in which such deer were lodged. They consisted of the Courts of attachments, regard, sweinmote, and justice-seat. The Court of attachments, woodmote, or forty days' Court, was held before the verderers of the forest once in every forty days, to inquire into all offences against vert and venison. The Court of regard, or survey of dogs, held every third year, for the expeditation of mastiffs. The Court of sweinmote, held before the verderers thrice in every year, the sweins or freeholders within the forest composing the jury. It inquired into the oppressions and grievances committed by the officers of the forest, and tied presentments certified from the Court of attachments against offences in vert and venison. The Court of justice-seat...
Fornication
Fornication [fr. fornix, a brothel, Lat.], the inter-course of a man with a prostitute; the act of incontinency in single persons; if either party be married, it is adultery. During the Commonwealth, a second offence was made felony without benefit of clergy, Scobel, 121. After the Restoration the offence was left to be dealt with by the spiritual Court according to the rules of the canon law. Proceedings under the canon law for incontinency have fallen into desuetude, 4 Steph. Com. See PROSTITUTE.Voluntary sexual intercourse between two unmarried persons, Black's Law Dictionary, 7th Edn., p. 664....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial