Earlier Law - Law Dictionary Search Results
Home Dictionary Name: earlier law Page: 2Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
Redlining
Redlining, means credit discrimination (usually unlawful discrimination) by a financial institution that refuses to make loans on properties in allegedly bad neighbourhoods; the process of creating a new draft of a document showing suggested revisions explicitly alongside the text of an earlier version, Black's Law Dictionary, 7th Edn., p. 1283....
Unitarians
Unitarians, Protestant Dissenters who do not hold the doctrine of the Trinity. They were excepted from the benefit of the Toleration Act until 1813, when the Act 53 Geo. 3, c. 160, repealed the in capacities and penalties imposed by earlier statutes. The holding of Unitarian opinions was no offence at Common Law: see Shore v. Wilson, (1842) 9 Cl&Fin 355 (Lady Hewley's Charities). Trusts for the benefit of Unitarians are accordingly enforceable [Shrewsbury v. Hornby, (1846) 5 Ha 406; Re Barnett, (1860) 29 LJ Ch 871; Re Wall, (1889) 42 Ch D 510]. See DISSENTERS....
Deacon
Deacon [fr. diacre, Fr.; diacono, It., Span., and Port.; diaconus, Lat.; Gk.] (1) A minister or servant of the church, whose office is to assist the priest in divine service, and the distribution of the sacrament, etc. He may now perform any of the divine offices which a priest may, except only pronouncing the absolution and consecrating the Sacrament of the Lord's Supper. By the Clergy Ordination Act, 1804 (44 Geo. 3, c. 43), it is provided (conformably to Canon 34 of the Canons of 1603) that none shall be ordained deacon under twenty-three years, nor priest under twenty-four years of age; though as to deacons the Archbishop of Canterbury has the Privilege of admitting them (by faculty or dispensation) at an earlier age. See, further, under the title CLERGY; and see Phill. Eccl. Law.(2) A lay office among dissenters....
Bankruptcy (Scotland)
Bankruptcy (Scotland), See the (English) Bankruptcy (Scotland) Act, 1913 (3 & 4 Geo. 5, c. 20), repealing a number of earlier enactments and consolidating the law....
Appropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Incorporation by reference
Incorporation by reference, means a method of making a secondary document part of a primary document by including in the Primary document a statement that the Secondary document should be treated as if it were contained within the primary one, Black's Law Dictionary, 7th Edn., p. 770.Incorporation by reference, of an earlier statute by a later, judicially stigmatized in Knill v. Towse, (1889) 24 QBD 186. Whether there can ever be incorpora-tion by implication is very doubtful; see per Farwell, LJ, in Chislett v. Macbeth, (1909) 2 KB 815, and Lord Loreburn, LC, Ib., 1910 AC 223. See ACT OF PARLIAMENT....
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
- << Prev.
- Next >>