General Law - Law Dictionary Search Results
Home Dictionary Name: general lawgeneral law
general law : a law that is unrestricted as to time, is applicable throughout the entire territory subject to the power of the legislature that enacted it, and applies to all persons in the same class called also general act general statute compare local law, public law, special law ...
Quando lex est specialis, ratio autem generalis, generaliter lex est intelligenda
Quando lex est specialis, ratio autem generalis, generaliter lex est intelligenda (2 Inst. 83), where a law is special, but its reason general, the law is to be understood generally. (See Maxim 862)....
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Custom
Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kin...
Law Officers of the Crown
Law Officers of the Crown, shortly termed 'Law Officers,' the Attorney-General and the Solicitor-General, this definition was contained in s. 93 of the (English) Patents and Designs Act, 1907, but deleted by the (English) Patents and Designs Act, 1932 (22 & 23 Geo. 5, c. 32), s. 13 and Sch. Consult Norton-Kyshe's Attorney-General and Solicitor-General of England.The Scottish Law Officers are the Lord Advocate and the Solicitor-General (q.v.)....
Attorney-General
Attorney-General, a great officer of state appointed by letters-patent, and the legal representative of the Crown in the Supreme Court. He is also ex-officio head of the bar for the time being. He exhibits informations, prosecutes for the Crown in criminal matters and in revenue causes, and used to grant fiats for writs of error until they were abolished by s. 20 of the (English) Criminal Appeal Act, 1907, His fiat or consent is required before certain proceedings or prosecutions can be commenced (see, e.g., (English) Public Bodies Corrupt Practices Act, 1889, and Prevention of Corruption Act, 1906). In many cases also (see e.g., (English) Lunacy Act, 1890, s. 325; (English) Public Health Act, 1936, s. 298; (English) Public Health (Officers) Act, 1884; (English) Public Health (Members and Officers) Act, 1885; Official Secrets Act, 1911, s. 8), his consent is necessary before penalties can be recovered. His fiat is necessary for certain appeals to the House of Lords. See (English) Appel...
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