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Ex officio

Matched in: Term Ex officio

Judge

a judge act without jurisdiction he may be made to answer for the consequences of his acts, Anderson v. Gorrie, (1895) 1 QB 671; Scott v. Stansfield, (1868) LR 3 Ex 220. In the latter case the … of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their office during good behaviour, subject

Martial law

11 Geo. 5, c. 31), in Ireland. It was proclaimed in Jamaica without authority by Governor Eyre in 1865, but followed by a Jamaica Actof … Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary for the purpose of restoring peace and order: Manual of Military Law, pp. … of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the

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Ex

Matched in: Term Ex

Tenant

determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86. Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present … person remaining, after the determination of the lease, in possession, with or without the assent of the landlord is also a tenant for the purposes … (formerly) of the lord of a manor, or of a landlord: the owner is seldom characterized as tenant except where it is necessary to particularize the quantity of his estate. The term is frequently used to denote

Apportionment

to obviate doubts which had arisen upon the earlier Act. The (English) 'Apportionment Act, 1870' (33 & 34 Vict. c. 35) now provides (but without repealing the above Acts) that all rents, annuities, and dividends, and other … before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. 127). This was remedied by 11 Geo. 2, c. 19,

Tenant-right

due in pursuance of the custom. There is an implied contract by the landlord to pay this [Faviell v. Gaskoin, (1852) 7 Ex 273], and a custom throwing liability on the incoming tenant is bad [Bradburn v. … a custom either ensuring a permanence of tenure in the same occupant without liability to any other increase of rent than may be sanctioned by … tenant compensation from his landlord for not being able to reap the full benefit of labour or improvements expended or made during the tenancy; or (2) the money due in pursuance of the custom. There is an

Repeal

842, tit. 'Statute.' A repeal may be brought about by repugnant legislation, without even any reference to the Act intended to be repealed, for once … Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores … contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment

Recognisance

has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. … 1906, especially rule 113, by which no recognizance 'shall be forfeited, estreated, or put upon the estreat roll without the order of the Court or a Judge, nor unless an order or notice shall have been previously

Escheat

belonging to the Duchy of Cornwall. Eschaeta derivatur a verbo Gallico eschoir, quod est accidere, quia accidit domino ex eventu et ex insperato. Co. Litt. 93.'(Escheat is derived from the French word eschoir, which signifies 'to happen,' … inheritance. Escheat arose then, from default of heirs, when the tenant died without any lawful and natural born relations on the part of any of … been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA. The title of the

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