Legitim - Law Dictionary Search Results
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. 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 of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Son or daughter of such female
Son or daughter of such female, the son or daughter of a male vendor referred to in s. 15(1) only means the legitimate issue of the vendor. The words son or daughter mean only a legitimate son and a legitimate daughter of the female, Gulraj Singh v. Mota Singh, AIR 1965 SC 608 (610). [Punjab pre-emption Act, 1913 (as amended by Act (10 of 1960), s. 15(2)(b)]...
Bairns, part
Bairns, part, a third part of a deceased's free movables, debt deducted, if his wife survives, and a half if she does not, due to his children, Scots Law. See LEGITIM and REASONABLE PARTS....
Legitim
The portion of movable estate to which the children are entitled upon the death of the father...
Scots law
Scots law is mainly derived from the Civil Law, and differs in many points from the English, as by assuring a man's widow and children two-thirds of his personal property (see LEGITIM), and by the legitimation of children born before marriage (see LEGITIMATION)....
Reasonable parts
Reasonable parts. The two-thirds of a man's personal property, one of which went on his death to his widow, and the other to his children, the remaining third going in accordance with his will. This right of the widow and children was expressly saved to them by a still unrepealed clause of Magna Carta, but became lost to them by imperceptible degrees. The Wills Act, 1837, is inconsistent with, but does not expressly repeal, the saving of Magna Charta for the 'reasonable parts,' but the Wills Act does not apply to Scotland, where (see LEGITIM), as generally throughout Europe, except in England and Ireland, the rights of the widow and children are in full force....
Legitime
Legitime, that portion of a parent's estate of which he cannot disinherit his children without a legal cause, Civ. Law. See LEGITIM....
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
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