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Replevin

where it was against both, the one avowed and the other made cognizance. The action of replevin is now rarely brought, it being usually more convenient to sue for damages for illegal distress. Consult Bullen and Leake, … Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the

Landlord and tenant

liability to repair under the Housing Act of 1925, and a tenant's undertaking to keep and leave in good tenantable repair (Air wear and tear excepted). His only obligation in law is an implied agreement or covenant … covenant would not bind assignees unless they were named, but the word 'assigns' in such covenants is not now necessary under the (English) Law of Property Act, 1925, s. 79, in leases made after the 31st December,

Impossibility

non-performance; if the event has not been foreseen or expressly provided for in the contract, the event is now called 'frustration' of the contract or adventure, see Taylor v. Caldwell, (1863) 3 B&S 326, where the defendant … impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the

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Exchange

the currencies of both to be of the precise weight and purity fixed by their respective mints. It now may be assumed to mean the hypothetical equivalent in terms of the currency of any country of a … Exchange, a contract of sale denotes a transfer of property in goods by mutual consent. Such a transfer of ownership must be in relation to transfer from one person to

Conspiracy

of this kind, however, have generally arisen in connection with trade disputes, and the law as to them now depends principally on the two statutes of 1875 and 1906 (as amended by the Act of 1927) next … hard labour in the case of ' any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public

Feasts

day of the year; or (2) movable, such as Easter, which fixes all the rest, as Palm Sunday, Good Friday, Ash Wednesday, Sexagesima, Ascension-day, Pentecost, Trinity Sunday, etc. The four principal immovable feasts of the year, which … (July 22nd); but the Calendar scheduled to the Calendar (New Style) Act and printed in the Prayer Book now in force, additionally to, and in different type from such Saints' Days, marks other days, including Invention of

Lien

originally means 'binding' from the Latin ligamen. Its lexical meaning is 'right to retain'. The word 'lien' is now variously described and used under different contexts such as 'contractual lien', 'equitable lien', 'specific lien', 'general lien', 'partners … from the person for whose benefit the party is acting, and not from a third person, although the goods may be claimed through him. (3) How a lien may be waived or lost. It may be waived

Deed

when necessary. (j) Declaration against Dower in purchase-deeds succeeded the limitation of the estate. This declaration, however, is now never inserted. (k) Reddendum in leases, which reserves something to the grantor out of the estate transferred, such … sufficient, is an open question. See Chitty on Contracts, 15th Edn. At pp. 89, 90, citing Cooch v. Goodman, (1842) 2 QB 580, and other authorities. A deed executed after 1925 must be signed. [(English) Law of

Manufacture

It is the process or activity which brings into being articles which are known in the market as goods and to be goods these must be different, identifiable and distinct articles known to the market as such.

Distringas

r. 2 [annulled by R.S.C. (No. 3, 1926)], no distringas under 5 Vict. c. 5, s. 5, may now be issued, but rr. 3-11 of the same order provide a procedure to be pursued by any person … s. 17 substituted in its stead. (2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body. (3) A distringas in detinue, a special writ of execution to

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