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Declaration of law

Declaration of law, it is the speech, express or necessarily implied, which only is the declaration of law by this Court … Declaration of law, it is the speech, express or necessarily implied, which only is the declaration of law by

Law declared

Matched in: Term Law declared

Marriage

of the parties. Children resulting from such marriages were not illegitimate unless and until the marriage had been declared void by the Ecclesiastical Courts, which declaration made the marriage void ab initio. But the (English) Marriage Act, … Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions

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Trust

to take effect during the life of their creator. Since it is not necessary that a trust be declared in writing, but only so manifested and proved, no form is requisite either as regards the nature of … (trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary), Black's Law Dictionary, 7th Edn., p. 1513. A trust is simply a confidence, reposed either ex-pressly or impliedly in a

Oath

an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath. By … nor a Jew, the oath shall be administered in any manner which is now lawful. The (English) Statutory Declarations Act, 1835, abolishes unnecessary and extra-judicial oaths, and empowers any justice of the peace, notary public, or other

Affidavit

of great deal of evidence is submitted by affidavit, esp., in pre-trial matters such as summary-judgment motions, Black Law Dictionary, 7th Edn., p. 58. Any affidavit may be sworn to either in print or in manuscript, or … documents referred to in pleadings or affidavits, see Ord. XI, r. 15, C.P.C., 1908. Affidavit is a voluntary declaration of facts written down and sworn to by the declaration before an officer authorized to administer oaths of

Uses

employed the word SEISED; now a tenant is only possessed of a leasehold for years. but the use declared upon a feoffment, etc., might be of a term of years and there was nothing to prevent the … use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to

Power

in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. … Ch D 499. So far as they relate to land, powers are either (1) Common Law authori-ties; (2) declarations, or directions, operating only on the conscience of the persons in whom the legal interest is vested; or

Declaration of trust

prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53 of the (English) Law of Property Act, 1925, reproducing and amending the (English) Statute of Frauds (29 Car. 2, c. 3), ss. … Declaration of trust. To prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53

Consideration

enforce a covenant without consideration unless the covenant has been executed in law, or a trust had been declared in performance of the promise, Jefferys v. Jefferys, 1 Cr & Ph 138. If the promisor cannot show … promise is by deed, even the expressed absence of any consideration will not affect its validity either in law or equity (except for some kinds of equitable relief, see infra), because the execution of a deed is

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