Infancy - Law Dictionary Search Results
Home Dictionary Name: infancy Page: 2 Page 2 of about 25 results ( seconds)Merits, affidavit of
Merits, affidavit of. This instrument is necessary when a defendant seeks to set aside, for irregularity, a judgment signed or other proceeding. The term 'merits,' in an affidavit of this nature, is to be read in a technical sense, and is not to be understood to be confined to strictly moral and conscientious defences; and defences of the Statute of Frauds or Limitations, and of Bankruptcy and Infancy, are defences on the merits, 2 Chit. Arch. Prac....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Infant Settlements Act, 1855
Infant Settlements Act, 1855 (English) (18 & 19 Vict. c. 43), preserved by the Settled Land Act, 1925, s. 27(3), but so that a legal estate in land is not vested in an infant. By virtue of the Act of 1855 every infant (if a male of twenty, or if a female of seventeen years, s. 4, and see Re Phillips, (1887) 34 Ch D 467), upon or in contemplation of marriage, may, with the sanction of the Chancery Division of the High Court, make a valid settlement or contract for a settlement of property. The Act gets rid entirely of the disability arising from infancy, though not of disability on any other ground, Seaton v. Seaton, (1888) 13 App Cas 61. Consult Seton on Judgments: Dan. Ch. Pr...
Guardianship
Guardianship. The care of and responsibility for a person of non-age or infancy in regard to its person or property, or both. At Common Law, the father is the guardian by nature and nurture but the rights and duties relating to that office have been modified in favour of the mother by the (English) Custody of Infants Act, 1873 (36 & 37 Vict. c. 12, (English) Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27), and 1925 (15 & 16 Geo. 5, c. 45), and the (English) Custody of Children Act, 1891 (54 Vict. c. 3). The main consideration is the welfare of the child. In modern times, guardians may be said to be of six kinds:-(1) Testamentary.--By 12 Car. 2, c. 24, s. 8, the father, and by s. 5 of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the survivor or otherwise, as the Court may direct.(2) Maternal.--Under the Acts of 1886 and 1925, s. 4, on the death of the father, the mother, if ...
Disability
Disability, incapacity to do any legal act. It is divided into two classes: (1) absolute, which, while it continues, wholly disables the person 'such were outlawry, excommunication, attainder (but see the Forfeiture Act, 1870 (32 & 33 Vict. c.23), s. 1, abolishing attainder on conviction for treason or felony), and acts by statutory bodies or corporations in excess of their statutory powers, see ULTRA VIRES; (2) partial, as infancy, coverture, lunacy, and drunkenness. As to which, see the various titles relating thereto. The compulsory purchase, by railway and other companies, of the lands of persons under disability is regulated by the Lands Clauses Acts, and see ULTRA VIRES.It means--(i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. [The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (i) (i) (ii) (iii) (iv) (v) ...
Funds, public
Funds, public, the name given to the public funded debt due by Government. The practice of borrow-ing money to defray a part of the war expenditure began, with us, in the reign of William III. In the infancy of the practice it was customary to borrow upon the security of some tax, or portion of a tax, set apart as a fund for discharging the principal and interest of the sum borrowed. This discharge was rarely effected. The public exigencies still continuing, the loans were continued, or the taxes again mortgaged for fresh ones. At length the practice of borrowing for a fixed period, or, as it is called, upon terminable annuities, was abandoned, and loans made upon interminable annuities, or until it might be convenient for the Government to pay off the principal. Such loans are called Funded Debt, or 'The Funds'; loans for a fixed period are said to be 'Unfunded'.In the beginning of the funding system the term 'fund' meant the taxes or funds appropriated to the discharge of the princip...
Friendly societies
Friendly societies, associations supported by subscription for the relief and maintenance of the members or their wives, children, relations, and nominees, in sickness, infancy, advanced age, widowhood, etc. by the Friendly Societies Act, 1875 (38 & 39 Vict. c. 60), various prior statutes regulating these societies were in whole or in part repealed, and the law consolidated and amended. Such societies may be formed for providing payments on birth of a member's child, or on death of a member, or for relief and maintenance of members and their husbands, wives, children, etc., in old age or sickness, the endowment of members at any age, the insurance of tools against fire, or of cattle, for working men's clubs, or for any other purpose authorized by the Treasury. Before any such society can be properly established, its rules must have been transmitted to and approved of by the central office for the registration of Friendly Societies. The Act was amended in 1876 by 39 & 40 Vict. c. 32 as ...
Appropriation, powers of
Appropriation, powers of. The Administration of Estates Act, 1925, s. 41,has conferred on personal representatives a general power to appropriate any part of the real or personal estate (including things in action) of the deceased in its actual condition or state of investment at the time of appropriation in or towards satisfaction of any legacy or interest or share in his property as to the personal representative may seem just or reasonable having regard to the rights of the persons interested in that property subject to the consent of the person entitled to that part, or to the income (if the share is settled), or of his parent, guardian, committee or receiver if he is under incapacity owing to infancy or otherwise. No other consents are required and provision is made for dispensing with any consent. Any property when duly appropriated is to be treated as an authorized investment. An appropriation with consent under this Act is subjected to an ad valorem duty as a conveyance. Aliter...
Abnormal law
Abnormal law, means the law as it applies to persons who are under legal disabilities such as infancy, alienage, insanity, criminality and converture, Black Law Dictionary, 7th Edn., p. 5....
Red gum
An eruption of red pimples upon the face neck and arms in early infancy tooth rash strophulus...
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