Inst Tax - Law Dictionary Search Results
Home Dictionary Name: inst tax Page: 2Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
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....
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...
Nisi prius
Nisi prius, a Common Law phrase, which originated thus:An action was formerly triable only in the Court where it was brought. But it was provided by Magna Charta, in ease of the subject, that assizes of novel disseisin and mort-ancestor (which were the most common remedies of that day) should thenceforward instead of being tried at Westminster, in the superior Court, be taken in their proper counties, and for this purpose justices were to be sent into every county once a year to take these assizes there, 1 Reeves, 246. These local trials being convenient, were applied to other actions: for by the statute of Nisi Prius, 13 Edw. 1, st. 1, t. 30, as the general course of proceedings, writs of venire for summoning juries to the superior courts are in the following terms:-P'cipius tibi quod venire facias coram Justiciariis nostris apud Westm. In Octavis Sancti Michaelis Nisi talis et talis, tali die et loco, ad partes illas venerint duodecim, etc. Thus the trial was to be had at Westminster...
Puture
Puture, a custom claimed by keepers in forests, and sometimes by bailiffs of hundreds, to take man's meat, horse's meat, and dog's meat, of the tenants and inhabitants within the perambulation of the forest, hundred, etc. The land subject to this customis called terra putura. Others, who call it pullture, explain it as a demand in general; and derive it from the monks, who before they were ad-mitted, pulsabant, knocked at the gates for several days together, 4 Inst. 307....
Knight's fee
Knight's fee [feodum militare, Lat.], twelve plough-lands, the value of which was 20l. per annum (2 Inst. 596). By the grant of a knight's fee, land, meadow, and pasture may pass as parcel of it, and even a manor if it is usually called so. Consult Shep. Touch. 92, 93. Selden contends that it was as much as the king was pleased to grant upon condition of having the service of a knight, Tit. Of Hon., p. ii., c. v., ss. 17, 26. See TENURE....
Butlerage
Butlerage, an ancient hereditary duty belonging to the Crown, much older than the customs. It was a right of taking two tuns of wine from every ship importing into England twenty tuns or more, and by King Edward I. was exchanged into a duty of 2s. for every tun imported by merchant strangers. It was called butlerage, because paid to the king's butler; and also prisage, because it was a taking or purveyance of wine to the king's use, 4 Inst. 30....
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
Beau-pleader
Beau-pleader (to plead fairly), an obsolete writ upon the Statute of Malbridge (52 Hen. 3, c. 11), which enacted that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines should be taken for fair pleading, i.e., for not pleading fairly or aptly to the purpose; upon this statute, them, this writ was ordained, addressed to the sheriff, bailiff, or him who shall demand such fine, prohibiting him to demand it; an alias, pluries, and attachment followed, Nat. Br. 596. It used to be had as well in respect of vicious as fair pleading by way of amendment-2 Inst. 122....
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