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Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Company
Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...
Conditions of sale
Conditions of sale. The terms set forth in writing upon which an estate of interest is to be sold by auction, tender, or private treaty. Together with the particulars (q.v.) the conditions constitute the offer for sale. Conditions of sale will be construed so as to collect the meaning of the parties without incumbering them with the technical meaning of words; for, as Lord Hardwicke declared, 'there is no magic in words.' But the conditions should be accurate, for they cannot be contradicted by parol at the sale; 'the babble of the auction room,' as Lord Eldon termed it, being inadmissible as evidence, and this although the purchaser by the written agreement bind himself to abide by the conditions and declarations made at the sale. If the conditions require alteration, they should be so altered in writing before the sale. See AUCTION; CONTR-ACT OF SALE. In sales of land, conditions of sale usually refer to the following matters:-Bidding at the auction, payment of deposit, date of compl...
County Councils
County Councils. The elective bodies established by the Local Government Act, 1888 (c. 41), to manage certain specified administrative business of each county (see LOCAL GOVERNMENT), formerly managed by the justices of the peace (who are nominated by the Crown) in quarter sessions,and other administrative business mentioned in the Act, and consisting of 'the chairman, aldermen, and councillors.' The (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), consolidates with amendments the enactments relating to local authorities.The councillors are elected, for separate electroal divisions,' the qualification for elctors being that required under the Representation of the People Acts, and the qualification for being elected similar to that required for electionto office onany local authority. Ministers of religion are not disqulaified, and peers owing property in the county and persons registered as parliamentary voters in respect of the ownership of property in the county are qual...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
Homage
Homage [fr. homo, Lat., a man], the most honourable service and most humble service of reverence that a free tenant might do to his lord. When a tenant performed it, he was unfit, and his head uncovered, the lord sitting; the tenant then knelt before him on both his knees, and held his hands extended and joined between the hands of his lord, and said thus:-'I become your man from this day forward, of life and limb, and of earthly worship, and unto you shall be true and faithful, and bear to you faith for the tenements that I claim to hold of you, saving the faith that I owe unto our sovereign lord the King.' The lord then kissed him. Homage could only be done to the lord himself, but fealty might to his steward or bailiff, Co. Litt. 64 a, 68 a. The general name of manorial tenants that do homage. See HOMAGE; JURY.In Feudal times, a ceremony that a new tenant per formed for lord to acknowledge tenure, Black's Law Dictionary, 7th Edn., p. 737...
Iddat
Iddat, means the time of probation which a divorced woman or widow must wait before she marries again in order to determine whether she is pregnant, is called iddat, if, during the period of iddat, marriage is performed by a divorced woman, it is illegal. The period is four months and ten days according to the Mohammedan law. Even during this period the relations between her and her husband are not destroyed; and she will be entitled to maintenance by him. According to the texts, the time of iddat or term or probation allowed to a free woman is that occupied in three successive menstruation. The iddat of a pregnant woman continues until she be delivered of a child. Her husband must defray all her expenses (food, raiment, habitation, etc.) until this period is over. Such expenses to which she is entitled are called her Iddat (Mohammedan Law)....
Manumission
Manumission, the act of giving freedom to slaves. Among the Romans it was performed in three several ways: 1st, when with his master's consent a slave had his name entered in the census or public register of the citizens; 2nd, when the slave was led before the pr'tor, and that magistrate laid his wand (vindicta) on his head; 3rd, when the master, by his will, gave his slave freedom. A Mong us, in the time of the Conqueror, villeins were manumitted by their master delivering them by the right hand to the viscount or sheriff in full Court, showing them the door, giving them a lance and a sword, and proclaiming them free. Others were manumitted by charter. There was also an implied manumission, as when the lord made an obligation for payment of money to the bondman at a certain day, or sued him where he might enter without suit, and the like, Jac. LawDict....
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