Digging - Law Dictionary Search Results
Home Dictionary Name: digging Page: 3Ditch
A trench made in the earth by digging particularly a trench for draining wet land for guarding or fencing inclosures or for preventing an approach to a town or fortress In the latter sense it is called also a moat or a fosse...
Dike
A ditch a channel for water made by digging...
Diggers
A degraded tribe of California Indians so called from their practice of digging roots for food...
digs
same as diggings...
Restitutio in integrum
Restitutio in integrum, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. Annorum, who was protected by the restitutio against the consequences of his own carelessness.The following are the chief cases in which a restitutio might be decreed:-The case of vis et metus. When a man had acted under the influence of force or...
Customary Court-baron
Customary Court-baron, a court which should be kept within the man or for which it is held. It may be held anywhere within the manor, at the pleasure of the person holding it, unless some ancient custom require it to be held in a certain place.The court-baron was to be held from three weeks to three weeks, or, as some think, as often as thelord chose. And it should seem clear, tht the lord may hold a customary court as frequently as he pleases, and compe the attendance of his tenants who hold by villein or base services, 2 Wat.Cop., c. i. p. 9; and see Elton or Scriven on Copyholds.It is to be observed that although there should be no freeholders of the manor, by which the Court-baron or freeholders' court is lost, yet still there mabe a customary court; for as these two courts are distinct (though frequently held at the same time, the same roll serving to record the proceedings of both), the want of freeholders does not preclude the lord from holding a customary court for his copyhold...
Customary freeholds
Customary freeholds have been converted into 'socage tenure' by the (English) Law of Property Act, 1922, s. 189, see COPYHOLD. Owing to its historical intrest the following note has been preserved unaltered from the previous edition of the Lexicon. ' Also denominated, privileged copyholds of frank tenure; they were known inancient times as estates inprivileged villenage or villein socage, and are estates held by custom, but not at the lord's will, in which they differ from copyholds; yet the will of the lord in copyhold is reduced to a mere fiction. These lands are of such singular nature that, when they are compared with mere copyholds, they may be called freeholds, and when compared with absolute freeholds, they maybe denominated copyholds. While the freehold interest or estate rests with the tenant, the freehold tenure is in the lord. (Mr. Serjeant Scriven dissents from this proposition in his workon Copyholds, vol. ii. pp. 572 et seq.) They are usually transferred by surrender into...
Fossway
Fossway [fr. fossus, Lat., digged], one of the four ancient Roman ways through England. Trevisa describes it thus: 'The first and gretest of the foure weyes is called fosse, and stretches oute of the southe into the north, and begynneth from the corner of Cornwaille, and passeth forth by Devenshyre, by Somersete, and forth besides Tetbury, pon Cotteswold, besides Coventre, unto Leycester, and so forth by wylde pleynes towards Newerke, and endeth at Lincoln.'-Polychron. 1. 1, c. xiv....
Jus
Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...
Labourer
Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7]Means servants in husbandry or manufactures, not living intra m'nia. Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz. c. 4) have vested in the justices of the peace the power of com-pelling persons not having any visible livelihood to go out to service in husbandry, or in certain specific trades, for the promotion of honest industry. A 'labourer' is a man who digs and does other work of that kind with his hands (per Brett, M.R., Morgan v. London General Omnibus Co., (1884) 53 LJQB 352); but a farmer is not a labourer within the Sunday Observance Act, 1677 (29 Car. 2, c. 7) [R...
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