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Gist - Law Dictionary Search Results

Home Dictionary Name: gist

gist

gist [Anglo-French, in the phrase laccion gist the action lies or is based (on), from gisir to lie (of process), from Old French gesir to lie, ultimately from Latin jacere] : the ground or foundation of a legal action without which it would not be sustainable ...


Gist of action

Gist of action [fr. giste, Fr. gesir, to lie; jaceo, Lat.], the cause for which an action lies; the ground and foundation of a suit, without which it is not maintainable....


criminology

criminology : the scientific study of crime as a social phenomenon, of criminals, and of penal treatment crim·i·no·log·i·cal [kri-mə-nə-lÄ -jə-kəl] adj crim·i·no·log·i·cal·ly adv crim·i·nol·o·gist [kri-mə-nÄ -lə-jist] n ...


gravamen

gravamen [Medieval Latin, from Late Latin, burden, from Latin gravare to burden, from gravis heavy, grave] : gist ...


penology

penology : a branch of criminology dealing with prison management and the treatment of offenders pe·no·log·i·cal [pē-nə-lÄ j-ə-kəl] adj pe·nol·o·gist [pi-nÄ -lə-jist] n ...


Gist

A resting place...


Agistment

Agistment [fr. jacere,:at.; gesir, Fr., to lie, whence giste, a lodging], the taking in of other men's cattle into pasture-land, at a certain rate per week, without letting them the land for their exclusive use as tenants; so called because the cattle are suffered agiser, i.e., to be levant et couchant there. Also the profit of such feeding. As to the extent to which the 'agister' is liable for negligence in the keeping of the cattle, see Halestrap v. Gregory, (1895) 1 QB 561. A restriction upon the power of distraining agisted cattle (in some parts of the country called 'tacks') for rent is imposed by s. 35 of the Agricultural Holdings Act, 1923. See also Manwood's Forest Laws, cc. 11-80, where to 'agist' is to take in and feed strangers' cattle in the Royal Forest and to collect the money due for it. Agistment does not include a right of lien, Chapman v. Allen, 1631 Cro Car 271.Agistment of sea banks [terr' agitat', Lat.] is where lands are charged with a tribute to keep out the sea....


Possessory action

Possessory action, the action of trespass, the gist of which is the injury to the possession; a plaintiff, therefore, cannot maintain it, unless at the moment of the injury he was in actual, or constructive, and exclusive possession....


Remainder

Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...


Voluntary conveyance

Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...


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