Impeach - Law Dictionary Search Results
Home Dictionary Name: impeach Page: 4Illusory Appointments Act, 1830
Illusory Appointments Act, 1830 (English) (11 Geo. 4 & 1 Wm. 4, c. 46). This statute enacted that no appointment made after July 16th, 1830, in exercise of a power to appoint property, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity as at law. See also the (Englihs) Powers of Appointment Act, 1874 (37 & 38 Vict. c. 37) ('Lord Selborne's Act'), by which appointments were validated, although one or more of the objects may have been excluded. These two Acts were repealed and reproduced by s. 158 of the (Englihs) Law of Property Act, 1925, which extends the rule to appointments whenever made. For the old law, consult Farwell on Powers, 8th Edn., 938....
Impescatus
Impescatus, impeached or accused, Jac. Law Dict....
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...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Marz-ool-maut
Marz-ool-maut, under the Mohemmedan Law, the term 'marz-ool-maut' is applicable not only to disease which actually cause death but to diseases from which it is probable that death will ensure so as to engender in the person affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first attacked by it. When a gift is made by a person labouring under such a disease, it will be good only to the extent of one-third of the subject of the gift, if the donee had been put into possession by the donor, Labbi v. Bibbun, 6 NWP 159.To establish 'Marz-ool-maut there must be present at least the following conditions--(1) Proximate danger of death so that there is, as it is phrased, a preponderance (ghaliba) of knout or apprehension, that is, that at the given time death must be more probable than life;(2) there must be some degree of subjective apprehension of death...
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Stipulation
Stipulation, bargain; also, a recognizance of certain fidejussors in the nature of bail, taken in the Admiralty Courts.It is the highest and most authentic contract known to the Civil Law, entered into before the magistrate or public officer, through the medium of interrogatories and answers calculated to explain the nature and extent of the undertaking, to put the parties entering into it on their guard, and to show it to be their mature and deliberate act. It could not be impeached except for fraud or deceit, and could not be released or discharged except by an equally solemn proceeding, conducted by question and answer before the public functionary, called an acceptilation, Vinnius, 677; Sand. Just., 7th Edn. 332....
Term of years absolute
Term of years absolute, defined for the purposes of the (English) Law of Property Act, 1925, s. 205 (1) (xxvii.), as a term of years in possession or reversion whether or not at a rent with or without impeachment for waste, subject or not to another legal estate and either certain or liable to deter-mination by notice, re-entry, operation of law, or by a provision for cesser of redemption or in any other event (other than the dropping of a life or the determination of a determinable life interest, but does not include any term of years determinable with life or lives or with the cesser of a determinable life interest, nor if created after 1925 a term of years which is not expressed to take effect in possession within twenty-one years where required by the Act to take effect within that period (i.e., leases at a rent or in considation of a fine and not being leases of a reversion on a term, see s. 149 of the Act); and in that definition, term of years includes terms for less than years ...
Gestu et fama
Gestu et fama, an obsolete writ, resorted to when a person's good behaviour was impeached, Lamb.Eiren., 1. 4, c. 14....
deposition
deposition [Late Latin depositio testimony, from Latin, act of depositing, from deponere to put down, deposit] 1 a : a statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court reporter) ;broadly : affidavit b : the certified document recording such a statement compare interrogatory 2 : the hearing at which a deposition is made [order that the testimony at a be recorded by other than stenographic means "Federal Rules of Civil Procedure Rule 38(b)"] NOTE: A deposition can be used as a method of discovery, to preserve the testimony of a witness who is likely to become unavailable for trial, or for impeachment of testimony at trial. Depositions are distinguished from affidavits by the requirement that notice and an opportunity to cross-examine the deponent must be given to the other party. ...
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