Lay - Law Dictionary Search Results
Trover
Trover [fr. trouver, Fr., to find]. This was a special action upon the case, properly called the action of trover and conversion (see that title), which might be maintained by any person who had either an absolute or special property in goods, for recovering the value of such goods against another, who, having or being supposed to have obtained possession of such goods by lawful means, had wrongfully converted them to his own use. It originally lay only where the goods had been lost by the plaintiff and 'found' (whence the name) by the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of the finding not required to be proved, but not formally abolished until 1852, by the C.L.P. Act, 1852, s. 49.The action was also termed one of conversion, but 'wrongfully depriving' is the term now more frequently used. Under the old common law there were four different remedies for the wrongful deprivation of goods-viz., the actions of trespass to good...
Saint Martin-le-Grand, Court of
Saint Martin-le-Grand, Court of. A writ of error formerly lay from the sheriff's courts in the City of London to the Court of hustings, before the mayor, recorder, and sheriffs; and thence to justices appointed by the royal commission, who used to sit in the church of St. Martin-le-Grand; and from the judgment of those justices a writ of error lay immediately to the House of Lords, Fitz. N.B. 32....
Rector
Rector, a governor; in ecclesiastical law, either a layman, sometimes called a 'lay rector' or 'lay impropriator,' who has that part of the revenues of a church which before the dissolution of the monasteries by King Henry VIII. was appropriated to a monastery, the incumbent generally being a 'vicar'; or, in cases where the living had not been so impropriated and a spiritual person, the 'parson,' who has the whole revenues together with the cure of souls. See 1 Bl. Com. 384.The spiritual head and presiding officer of a church, Black's Law Dictionary, 7th Edn., p. 1281....
Quo minus
Quo minus, a writ which lay for him who had a grant of house-bote and hay-bote in another's woods against the grantor making such waste whereby the grantee could the less enjoy his grant, Old N.B. 148.It also lay for the King's accountant in the Exchequer against any person against whom he had a right of action, and was called a quo minus because in it the plaintiff suggested that he was the King' farmer or debtor, and that the defendant had done himthe injury or damage complained of; quo minus sufficiens existit, by which he is less able to pay the King his debt or rent; see 3 Bl. Com. 45. Afterwards this suggestion of being debtor to the King was allowed to be inserted by any plaintiff who wished to proceed in that Court against any defendant, as a mere matter of form, and in this way the Court of Exchequer obtained a jurisdiction co-extensive with that of the Common Pleas in actions personal. The writ of quo minus was abolished by 2 Wm. 4, c. 39....
Questus est nobis
Questus est nobis, a writ of nuisance which, by 15 Edw. 1, lay against him to whom a house or other thing that caused a nuisance descended or was alienated; whereas before that statute the action lay only against him who first levied or caused the nuisance to the damage of his neighbour.Means 'hath complained to us', a writ against someone who continued a nuisance that existed before inheritance or purchase. The former law provided recovery only against the party who had first caused the nuisance, Black's Law Dictionary, 7th Edn., p. 1260....
Relay
To lay again to lay a second time as to relay a pavement...
Parson
Parson [fr. persona, Lat., because the parson omnium personam in ecclesi' sustinet; or from parochianus, the parish-priest.--Johnson; anciently written persone.--Todd], 'the rector of a church parochiall' (Co. Litt. 300 a); one that has a parochial charge or cure of souls. 'The most legal, most beneficial, and most honourable title that a parish priest can enjoy,' says Sir W. Blackstone.A parson has the freehold for life of the parsonage-house, the glebe, the tithes, and other dues. But these are sometimes appropriated, that is to say, the benefice is perpetually annexed to some spiritual corporation, either sole or aggregate, being the patron of the living; which the law esteems equally capable of providing for the service of the church as any single private clergyman: see 1 Bl. Com. 384. Many appropriations, however, are now in the hands of lay persons, who are usually styled, by way of distinction, lay impropriators. In all appro-priations there is generally a spiritual person attac...
Occupavit
Occupavit, a writ that lay for him who was ejected from his freehold in time of war, as the writ of novel disseisin lay for one disseised in time of peace.Means a writ to regain possession to land or a tenement from which one was ejected in time of war, Black's Law Dictionary, 7th Edn., p. 1107....
Depose
Depose, to lay down; to lodge; to degrade from a throne or high station; to affirm in a deposition.To give evidence, bear witness, or testimony; to state or affirm some matter of fact in an affidavit or deposition; also to lay down; to lodge; to degrade from a throne or High Station....
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
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