Inst - Law Dictionary Search Results
Home Dictionary Name: instinst
in or of the present month same as instant3 a or instant2 n as your letter of the 10th inst...
Backberinde, Backverinde, or Backberend
Backberinde, Backverinde, or Backberend, bearing upon the back, or about a man. Where a thief is apprehended with the things stolen in his possession, also called being taken with the mainour, as having the goods in his hand, 2 Inst. 188. It was one of the four circumstances wherein a forester might have arrested the body of a trespasser in a forest; viz., dog-draw, i.e., drawing after a deer that he has hurt; stable-stand, i.e., at his standing with a knife, gun, bow, or greyhound, ready to shoot or course; backberend, i.e., carrying away upon his back the deer which he had killed; bloody-handed (red handed), i.e., when he had shot or coursed, and was imbrued with blood, 4 Inst. 294....
Contemporanea expositio est optima et fortissima in lege
Contemporanea expositio est optima et fortissima in lege. 2 Inst 11.-(A contemporaneous exposition is the best and most powerful in law.)-2 Inst. 211. A maxim applicable both to ancient grants and statutes: see Broom's Legal Maxims....
Furtum
Furtum [fr., a thief, to carry away], theft; robbery. It is manifestum et nec manifestum, Sand. Just., 7th Edn. 399, 400, where other kinds are enumerated; and see LARCENY; ROBBERY.Furtum est contrectatio rei alien' fradulenta, cum animo furandi, invito illo domino cujus res illa fuerat. 3 Inst. 107.--(Theft is the fradulent handling of another's property, with an intention of stealing, against the will of the proprietor whose property it was.)Furtum non est ubi initium habet detentionis per dominium rei. 3 Inst. 107.--(There is no theft where the foundation of the detention is based upon ownership of the thing.)...
Institutes of Lord Coke
Institutes of Lord Coke, four volumes by Lord Coke (more properly called Sir Edward Coke), published A.D. 1628, and very frequently edited. The first is an extensive comment upon a treatise on tenures compiled by Littleton, a judge of the Common Pleas, temp. Edward IV. This comment is a rich mine of valuable Common Law learning, collected and heaped together from the ancient reports and year-books, but greatly defective in method. It is usually cited by the name of Co. Litt., or as 1 Inst. The second volume is a comment upon Magna Charta and other old Acts of Parliament, without systematic order; the third, a more methodical treatise of the pleas of the Crown; and the fourth, an account of the several species of courts, including the High Court of Parliament and of the House of Commons as well as the House of Lords under that title. These are cited as 2, 3, or 4 Inst., without any author's name....
Optimus interpres rerum usus
Optimus interpres rerum usus [Lat.], the best interpreter of things is usage.--2 Inst. 282, (Custom is the best interpreter of things.) See Broom's Leg. Max. Similarly Optimus legum interpres consuetudo. 4 Inst. 75, (Custom is the best interpreter of laws.) Optima estlegis interpres consuetudo. Lofft, 237; Dig. 1, 3, 37, (Custom is the best interpreter of the law.) These maxims support Savigny's Theory of the origin of law. Optimus interpretandi modus est sic leges interpretari ut legeslegibus concordant. 8 Co. 169, (The best mode of interpretation is so to interpret laws that they may accord with each other.) See ACT OF PARLIAMENT....
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
A Egylde, or Agylde, or Orgylde
A Egylde, or Agylde, or Orgylde [inultus, Lat.], uncompensated, unpaid for, unavenged. From the participle of exclusion, a, ' or ex (Goth.), and gild, payment, requital, Anc. Inst. Eng....
A Ehlip
A Ehlip, transgression of the law, Ancient Inst.Eng....
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