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Marriage

v. Millis, (1844) 10 Cl&F 534, so that the rule semper pr'sumitur pro negante applied, and 'judgment was given for the defendant in error.' In 1753 Lord Hardwicke's Act (26 Geo. 2, c. 33), passed to prevent … or guardian shall previously consent to the marriage if by license (see Banns). The Act further abolished the suits in the Ecclesiastical Court to compel marriage 'in facie ecclesi',' which abolition made more common the action of

Citizen

person and of conscience, the right of acquiring and possessing property, of marriage, and the social relations, of suit and of defence, and security in person, estate and reputation, Dictionary of Law, William C. Anderson, 1889, p. … of a State, the Concise Oxford Dictionary, H.W. Fowler and F.G. Fowler, p. 218. One who owes to government allegiance, service and money by way of taxation, and to whom the government, in turn, grants and guarantees

Necessity, agent of

may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan … by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him. A wife defending

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Action

action taken in any form whether by way of recommendation or finding or 'in any other manner', e.g., granting licenses or privileges, awarding contract, distributing Government land under statutory Rules or otherwise or withholding decision on any … Common Law, the Court of Common Pleas at Lancaster, and the Court of Pleas at Durham; and all suits formerly commenced by bill or informa-tion in the Court of Chancery or by a cause in the Court

Client

lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any … the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the

Appeal

is essentially continuation of the original proceedings and the provisions applied at the time of institution of the suit are to be operative even in respect of the appeals. That is because there is a vested right … pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22), which gives the House of Lords power to refuse these appeals. See CRIMINAL APPEAL; CROWN CASES RESERVED; NEW TRIAL; PRIZE

In forma pauperis

the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity … persons without remuneration. Order 33 is intended to enable the indigent person (or paupers) to institute and prosecute suits without payment of court fees. (CPC, Order 33, Rule 1A) Appeals in forma pauperis to the House of

Prerogative of mercy

that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the suit of the King, but of the party injured, the prosecutor might release, but the King could not pardon: … fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its

Certiorari

Court (Judge of), 1898 (2) QB 680. The long disused 'Bill of Certiorari' to remove into Chancery a suit in some inferior court having equity jurisdiction was an analogous procedure inequitable matters. There is power to grant … railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ

Limitation of actions and prosecutions

a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory … been, that, although the statute 21 Jac. 1, c. 16, s. 3, and other Acts do not mention suits inequity, yet that courts of equity in giving effect to equitable claims, and affording equitable relief, will observe

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