Distress - Law Dictionary Search Results
Home Dictionary Name: distress Page: 7 Page 7 of about 173 results (0.007 seconds)Fee-farm rent
Fee-farm rent, where an estate in fee is granted in perpetuity, subject to a rent in fee for so much as it is reasonably worth, not being less than one-fourth of the value of the lands at the time of its reservation; and such rent appears to be called fee-farm, because a grant of land reserving so considerable a rent is indeed only letting lands to farm in fee-simple, instead of the usual method of life or years, Steph. Com., 13th Edn. At p. 480. If the rent be in arrear for two years the feoffor or his heirs may have an action to recover the lands as his demesnes. Cowel's Law Dict., citing Britton, cap. 66, num. 4. Formerly it was said that these rents could not be distrained for, but the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, allowed distress, impounding and sale for the rents if the rents had been paid for three years. for the remedies in case of non-payment of these rents if created after 1881, see s. 121, (English) Law of Property Act, 1925, and for relie...
Expectant heir
Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...
Equipment
Equipment, 'equipment', in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship. [Merchant Shipping Act, 1958, (44 of 1958), s. 3(11)]The articles or implements used for a specific pur-pose or activity, Black's Law Dictionary, 7th Edn....
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Dry-rent
Dry-rent, a rent reserved without clause of distress. See RENT-SECK....
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Double Rent
Double Rent. This is a penalty on a tenant holding over after his own notice to quit has expired. B the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 13,in case any tenant give notice to quit, and shall not deliver up possession at the time in such notice contained, he must from thenceforward pay to the landlord double the rent or sum which he should otherwise have paid. As to the effect of the Rent and Mortgage Interest Restrictions Acts, 1920 and 1923, see Flannagan v. Shaw, (1920) 3 KB 96; Barton v. Fincham, (1921) 2 KB 299; Northcotte v. Roche, 37 TLR 364. See Woodfall's Landlord and Tenant...
Double or treble damages
Double or treble damages are given in some cases, by particular statutes; see, e.g., 2 Wm. & M. sess. 1, c. 5, ss. 4 and 5, which gave double and treble damages for pound breach and wrongful sale upon a distress respectively, but at common law the damages are always single. They are not reckoned in the same manner as double and treble costs, but arithmetically....
Non-claim
Non-claim, the omission or neglect of him that ought to challenge his right within a time limited, as within a year and a day; but now no continual or other claim preserves any right of making an entry or distress or of bringing an action, 3 & 4 Wm. 4, c. 27, s. 11....
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