Foxes - Law Dictionary Search Results

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Abandonment [fr. Abandonner, Fr.], the relinquish-ment of an interest or claim.Means the relinquishing of a right or interest with the intention of never again claiming it. In the context of contracts of the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a non-performing party has caused. But rescission due to a material breach by the other party is termination or discharge of the contract for all purposes., Black Law Dictionary, 7th Edn., p. 1.The relinquishment by an assured person to the assurers of his right to what saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a 'constructive to...

Animals

Animals may be divided into--(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.Dogs. As to injury by dogs and seizure of stray dogs, see DOG.Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or be...

Beasts

Beasts f chase [fer' campestres, Lat.]; there are five, viz., the buck, doe, fox, marten, and roe; of the forest are the hart, hind, buck, hare, boar, and wolf, also called beasts of venery; of the warren are the hare, coney, and roe, Co. Litt. 233 a....

Corpse

Corpse. Removing a corpse from a grave is a misdemeanour at Common Law, Reg. v. Sharpe, (1857) 26 LJ C 47; R. v. Kenyon, (1901) 36 LJ News. 571. Refusing to bury dead bodies by those whose duty it is to do so is punishable by the temporal courts, independently of spiritual censures, on indictment or information. There is no property in a dead body, Williams v. Williams, (1882) 20 Ch D 659.Dissection.--The (English) Anatomy Act, 1832 (2 & 3 Wm. 4, c. 75), makes dissection legal. See DISSECTION.As to post-mortem examinations, see (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), ss. 161 to 163, and Public Health (London) Act, 1936; for disposing of infectious bodies, see the same Acts respectively.A gaoler cannot detain the dead body of a person in his custody under a ca. sa. (capias ad satisfaciendum) until the executors of the deceased person satisfy his pecuniary claims upon the deceased, R. v. Fox, (1841) 2 QB 246; S.C. Re Wakefield, (1841) 1 G&D 566.See BURIAL and CRE...

Debtor-Executor

Debtor-Executor. At law, if a testator appoints his debtor executor, the debt is released. In equity, however, the executor is accountable for the amount of his debt, as assets of the testator. See Freakley v. Fox, 9 B. & C. 134; Re Hyslop, (1894) 3 Ch 522; and see Wms. On Executors, 12th Edn., p. 858....

Quaker

Quaker, the statutory, as well as the popular, name of a member of the religious Society of Friends.The society was founded by George Fox about the middle of the seventeenth century, and gained many adherents owing to the discontent with the existing priestcraft of the day. There is no adherence to any definite or formal creed, and the tenets of the society are chiefly distinguishable from those of other Christian bodies in that the members disclaim any necessity for the outward observance of baptism or partaking of the Sacrament, and further believe that all war in contrary to Christian principles. Men and women alike share in the ministry and government of the religious body.As to affirmations by Quakers instead of oaths, see AFFIRMATION. As to their marriages, see MARRI-AGE....

Discontinuance

Discontinuance, an interruption or breaking off. This happened when he who had an estate-tail made a larger estate of the land than by law he was entitled to do; in which case the estate was good, so far as his power extended to make it, but no further, Finch, L. 190; 1 Rep. 44. The learning relative to discontinuances has now become of no account, as far as future transactions are concerned, not merely inconsequence of the abolition of fines, but by the effect of the Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), which provides (s. 39) that no discontinuance shall thereafter avail to take away the right of entry.Discontinuance by the plaintiff in an action in the High Court is governed by R. S. C., Ord. XXVI.; and in the county Court by C. C. Rules, Ord. IX. In either Court there must be notice in writing (of which there are prescribed forms, which, though not compulsory, it is desirable to use), which in the county Court is to be given by post or otherwise to the registrar,...

Idem sonans

Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....

Impressing men

Impressing men, compelling persons to serve in the Navy. This practice was allowed at Common Law [see Ex parte Fox, (1793) 5 TR 277], and was extensively followed until 1815, when it began to be gradually abandoned for the recruiting by voluntary enlistment, which has now entirely displaced it. The practice is still clearly legal, and is recognized impliedly by the (English) Naval Enlistment Act, 1835 (5 & 6 Wm. 4, c. 24), which, however, provides that no person shall be detained in the Royal Navy, against his consent, for a longer period than five years except in case of emergency. See also the (English) Naval Enlistment Act, 1853 (16 & 17 Vict. c. 69), which, perhaps, has the effect of limiting the liability to serve to seafaring men. Under the (English) Army Act (s. 112) and (English) Air Force Act the Crown has power to impress carriages, animals, drivers and aircraft for moving baggage and stores, etc. Compensation is payable, see (English) Army Act, s. 113, and Sched....

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