Distress - Law Dictionary Search Results
Home Dictionary Name: distress Page: 6Magna 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...
In custodia legis
In custodia legis [Lat.] (in the keeping of the law), a term used of goods which, from having been already seized by the sheriff under an execution, or being otherwise in the custody of the law, are exempt from distress for rent. By the Landlord and Tenant Act, 1709 (8 Anne, C. 18 [or 14], as amended by the Bankruptcy Act, 1914, s. 35(2), the sheriff may not take goods on demised premises in execution unless the party at whose suit the execution issued pay to the landlord his arrears of rent, not exceeding six months' rent. As to goods seized under a County Court warrant, see County Courts Act, 1934, s. 134, reproducing with amendments the 1888 Act, s. 160; Bankruptcy Act, 1914, s. 35....
Inventory
Inventory, a list or schedule, containing a true description of goods and chattels, or furniture, etc., made upon a same or upon a lease of a furnished house, or (see Woodfall, L. & T.) on a distress for rent, or by an executor of his testator's effects, or by an administrator of those of the intestate....
Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the same by instalments, with interest. They are exempt from the provisions of the Money Lenders Act, 1900.By the (English) Loan Societies Act, 1840 (3 & 4 Vict. c. 110 (continued by 21 & 22 Vict. c. 19, and made perpetual by 26 & 27 Vict. c. 56), forms of proceeding of a similar nature to those prescribed in the Acts regulating savings banks and friendly societies are requisite to enable loan societies to avail themselves of this Act, and see 51 & 52 Vict. c. 41, and 59 & 60 Vict. c.25, s. 2, as to certification of Rules by the Registrar of Friendly Societies.These societies are entitled to issue debentures for money deposited with them (otherwise than by way of gift), and these as well as all other notes and instruments given in pursuance of the Act are exempted from stamp duty. They are also placed on the same footing with savings banks, in the...
Milk for meat
Milk for meat, i.e., that the agister of cows should take their milk in exchange for their pasturage. See London and Yorkshire Bank v. Belton, (1885) 15 QBD 457, where it was held that under such an agreement the farmer is taking a 'fair price' for the grass within s. 45 of the Agricultural Holdings Act, 1883 (s. 35 of the Act of 1883), by which live stock taken in to be fed 'at a fair price' are exempted from distress for rent....
Nam
Nam, distress; seizure, Anc. Inst. Eng....
Gager de deliverance
Gager de deliverance, when he who has distrained, being sued, has not delivered the cattle distrained; then he shall not only avow the distress, but gager deliverance, i.e., put in surety or pledge that he will deliver them, Fitz. NB 67...
Eleemosynary
Eleemosynary, of, relating to, or assisted by charity, not for profits, Black's Law Dictionary, 7th Edn.,p. 538.Is a charitable object intended to provide relief from distress to humans based on Christian Values, Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741....
Forcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
Fer' natur', animals
Fer' natur', animals. Beasts and birds of a wild disposition, such as deer, hares, coneys in a warren, pheasants, partridges, etc., as distingui-shed from those domit' natur', or tame, such as horses, sheep, poultry, etc. They are not whilst living the subjects of absolute property, so that they cannot be the subject of larceny, nor are they liable to distress for rent. But a man may acquire a qualified property in them, either (1) Per industriam, by his reclaiming and making them tame by art and industry, or by so confining them that they cannot escape, e.g., deer in a park, hares or rabbits in an enclosed warren, etc. The property in them only continues so long as they remain in a man's actual possession, but ceases if they regain their liberty, unless they have animus revertendi, as in the case of pigeons, tame hawks, etc. (2) Ratione impotenti', on account of their inability, as when birds, coneys, etc., make their nests or burrows on a mans' land, then he has a qualified property ...
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