Immemorial Usage - Law Dictionary Search Results
Home Dictionary Name: immemorial usageImmemorial usage
Immemorial usage, a practice which has existed time out of mind; custom; prescription, See MEMORY, TIME OF LEGAL.A phenomenon is said to be happening from time immemorial when the date of its commencement is not within the memory of man or the date of its commencement is shrouded in the mists of antiquity, Patneedi Rudrayya v. Velugubantla Venkayya, AIR 1961 SC 1821 (1823): (1962) 1 SCR 836. [Easements Act, (5 of 1882), s. 18]...
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Usage
Usage, denotes a habit or a mode of conduct or a course of action. Though such behaviour may generally be linked with human actions it is not the identify of the person vis-'-vis his caste which matters in discerning the contours of any 'usage'. 'Usage' is described as different from custom as there is no usage through inheritance though a right can be acquired by prescription. 'Usage in its most extensive meaning, includes both custom and prescription, but in its narrower significance, it refers to a general habit, mode or course of procedure. A usage differ from a custom, in that it does not require to be immemorial to establish the same, but the usage must be known, certain, uniform, reasonable and contrary to law'. Usage has been referred to a course of dealing; or a mode of conducting transactions of a particular kind. It cannot be understood as referring to any entitle-ment of a person to hold a particular office, N. Adithayan v. Travancore Devaswom Board (FB), AIR 1996 Ker 169; ...
Baron
Baron [fr. beorn, Sax., noble], the fifth and lowest degree of nobility, next to a viscount, and above that of a knight or baronet. In the Salic Law it signifies free-born. The present barons are-(1) By prescription; for that they and their ancestors have immemorially sat in the Upper House.(2) Barons by patent, having obtained a patent of this dignity to them and their heirs, male or otherwise. (3) Barons by tenure, holding the title as annexed to land; it is said that it is the possession of their ancient landed territories which imparts the barony to the bishops, there by giving them a place in the Upper House, although they hold by succession, not by inheritance; but it is rather thought that they sit in the Upper House by immemorial usage....
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Modus decimandi
Modus decimandi, a particular manner of tithing arising from immemorial usage, differing from the payment of one-tenth of the annual increase; being sometimes a pecuniary compensation, as two pence per acre for the tithe of land; sometimes a compensation in work and labour, as that the parson should only have the twelfth cock of hay, and not the tenth, in consideration of the owner's making it for him; sometimes in lieu of a large quantity of crude or imperfect tithe a less quantity when arrived to greater maturity, as a couple of fowls in lieu of tithe eggs and the like. Any means, in short, whereby the general law of tithing was altered and a new method of taking tithes was introduced, was called a modus decimandi, or special manner of tithing, 2 Bl. Com. 29. A too large modus was called a 'rank' modus, and the (English) Tithe Act, 1832 (2 & 3 Wm. 4, c. 100), required evidence of usage for thirty years....
Market
Market [anciently written mercat, fr. mercatus, Lat.], a public time and place of buying and selling; also purchase and sale. It differs from the forum, or market of antiquity, which was a public market-place on one side only, the other sides being occupied by temples, theatres, etc.A market can only be set up by virtue of a royal grant, or by long and immemorial usage, which presupposes a grant.See FAIRS; and (English) Public Health Act, 1875, s. 167, the Public Health Act, 1908 (8 Edw. 7, c. 6), and the Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14); (English) Markets and Fairs (Weighing of Cattle) Acts, 1886 to 1926.As to disturbance of market, see Goldsmid v. Great Eastern Railway Co., (1884) 9 App Cas 927; A.G. v. Horner (No. 2), (1913) 2 Ch 140. In City of London Fruit Corporation v. Lyons, Sons & Co. Ltd., 1936 Ch 78, it was held that any member of the public has a right of access to a franchise market on payment of tolls and observance of bye-laws for the purpose of ...
Public wharf
Public wharf, is one which is common to all the subjects, and, if it is claimed by immemorial usage, it is a public wharf, Dungarvan Guardians v. Mansfield, 1897 (1) IR 420; Kunchkey v. Redruth, 1904 (1) KB 382.,...
Wear, or Weir
Wear, or Weir, a great dam or fence made across a river, or against water, formed of stakes interlaced by twigs of osier, and accommodated for the taking of fish, or to convey a stream to a mill. Prohibited by Magna Charta and other early statutes in navigable rivers, Lord Leconfield v. Earl of Lonsdale, (1870) LR 5 CP 657. Prohibited for the purpose of catching salmon by the Salmon Fishery Act, 1861, unless 'lawfully in use' at the time of the passing of that Act by virtue of a grant or charter or immemorial usage. Weirs and mill dams for taking or obstructing salmon and trout not in use before 1861 are prohibited: see Salmon and Freshwater Fisheries Acts, 1923-35....
Phenomenon happening from time immemorial
Phenomenon happening from time immemorial, a phenomenon is said to be happening from time immemorial when the date of its commencement is not within the memory of man or the date of its commencement is shrouded in the mists of anti-quity, Patneedi Rudrayya v. Velugaubantle Venkayya, AIR 1961 SC 1821 (1823): (1962) 1 SCR 836. (Ease-ments Act, 1882)...
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