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Rem, information in
offender had escaped justice. See 18 & 19 Vict. c. 90 as to the Crown paying costs. See now ACTION. Consult Robertson on the Crown. … Rem, information in, when any goods are supposed to become the property of the Crown, and no one appears to claim them or to
Replevin
taken or detained Originally it was a remedy peculiar to cases for wrongful distress but it may generally now be brought in all cases of wrongful taking or detention … A personal action which lies to recover possession of goods and chattle wrongfully taken or detained Originally it was a remedy peculiar to cases for wrongful distress but
Knock-out
was a 'knock-out' does not of itself afford a defence [Cohen v. Roche, (1927) 1 KB 169], but now the (English) Auctions (Bidding Agreements) Act,1927 (17 & 18 Geo. 5, c. 12), prohibits a dealer from giving … illegal [Rawlins v. General Trading Co., (1921) 1 KB 635], and to an action by the purchaser of goods sold by auction for the delivery up of the goods, the fact that the sale was a 'knock-out'
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Insurance
into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and … burglary or by default of clerks, and, in fact, almost all kinds of risk, chance and liability, are now commonly insured against. Insurances are effected sometimes by companies or societies, and sometimes by individuals, the risk being
Discontinuance
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. … 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
Public policy, opposed to public policy
policy, however, is not the policy of a particular government. It cannotes some matter which concern the public good and the public interest. The concept of what is for the public good or in the public interest … time. As new concepts take the place of old, transactions which were once considered against public policy are now being upheld by the courts and similarly where there has been a well recognized head of public policy,
Detainer
As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, … Detainer, forcible. See FORCIBLE ENTRY. Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before
Payment of Money into Court
of money or funds in the hands of an executor or trustee who is unable to obtain a good discharge from the person beneficially entitled. This was formerly done under the (English) Legacy Duty Act, s. 32, … libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879. Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt
Fieri facias
18), Chit. Stat. tit. 'Landlord and Tenant' and compare s. 160 of the (English) County Courts Act, 1888, now (English) County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), s. 13; R.S.C., Ord. LXIII., r. … any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest
Occupier's Liability Notice
sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced … occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional
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