Distress - Law Dictionary Search Results
Home Dictionary Name: distress Page: 5 Page 5 of about 173 results (0.002 seconds)Attornment
Attornment [fr. tourner, Fr., to turn], the acknowledgement of a new lord on the alienation of land, and the assent or agreement of the tenant to attorn, as 'I become tenant to the purchaser.'-Co. Litt. 309. By s. 151 of the (English) Law of Property Act, 1925, replacing 4 Anne, c. 16, ss. 9, 10, all grants and conveyances of lands, rents, reversions, etc., are good without the attornment of the tenants, but notice of the grants must be given to the tenants, before which they are not prejudiced by the payment of any rent to the grantor, or breach of the condition for non-payment, and by the same section of the (English) Act of 1925, replacing the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 11, attornments made by tenants to strangers claiming title to the estate of their landlord are null and void, and their landlord's possession is not affected thereby, except as provided by s. 151, ibid.The 'Attornment Clause' in a deed of mortgage is a clause whereby, for better sec...
Avowry, or advowry
Avowry, or advowry, was a pleading in the action of replevin (see that title), which stated the nature and merits of the defence, and justified or avowed taking the distress in his (the defendant's) own right, which, if established, would entitle him to a judgment de retorno habendo. An avowry was in the nature of a declaration. See Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 22....
Cognizance, or conusance
Cognizance, or conusance, the hearing of a thing judicially; also an acknowledgment of a fine; and in replevin it was, before the Judicature Acts the name for the pleading of a defendant who acted as bailiff, etc., to another in making a distress, by which he alleged the right or title to be in that person by whose command he acted. If the person who ordered the distress was sued, his pleading was called an Avowry, Steph. Plead. 225.Conusance of Pleas, is a privilege granted by the Crown to a town or place, to hold pleas of all contracts, etc., within the precinct of the franchise; and when a person is impleaded for such matters in the King's Court at Westminster, the mayor, etc., may ask cognizance of the plea, and demand that it shall be determined before him, Termes de la Ley.Conusance was successfully claimed by the Chancellor of the University of Oxford over an action to which an undergraduate was defendant in Ginnett v. Whittingham, (1886) 16 QBD 761, though the plaintiff resided...
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...
Averia carruc'
Averia carruc', beasts of the plough exempt from distress, if other sufficient goods can be found to be distrained upon, See DISTRESS....
Imbitter
To make bitter hence to make distressing or more distressing to make sad morose sour or malignant...
Namation
Namation, the act of distraining or taking a distress....
Gain
Gain, to make profitable. See Statute of the Exchequer or 51 hen. 3, c. 4, by which no man 'shall be distrained by his beasts that gain his land,' nor by his sheep, so long as other distress can be found.An increase in amount, degree or value; excess of receipts over expenditure or of sale price over cost, Black's Law Dictionary, 7th Edn., p. 686....
Implied contract
Implied contract. A contract which the law infers, from acts, circumstances, or relationships, as that an employer will pay the person employed what his labour was worth; or, as in Francis v. Cockrell, (1870) LR 5 QB 501, that a public platform provided for payment may be used with safety; or that a mesne landlord whose ground-rent has been paid by a sub-tenant to avoid distress will reimburse the sub-tenant. The implied contracts which the law infers are very numerous. See Chitty, Addison, or Leake on Contracts; LANDLORD AND TENANT....
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
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