Legitimacy - Law Dictionary Search Results
Home Dictionary Name: legitimacyLegitimacy Declaration Act, 1858 (English)
Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....
legitimacy
legitimacy : the quality or state of being legitimate ...
Bastard
Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...
Legitimation per subsequens matrimonium
Legitimation per subsequens matrimonium. The legitimation of a bastard by the subsequent marriage of his parents. Formerly not recognized by the Law of England, though always allowed under the Civil Law in Scotland and most European countries and many British colonies.Now recognised in England and Wales by the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), as from 1st January, 1927. The Act provides for the legitimation of an illegitimate person by the subsequent marriage of the parents, but not if the other person was married to a third person at the time of the illegitimate person's birth. It further provides for declarations of legitimacy, the rights of legitimated persons to take interests in property, succession, personal rights and obligations, and as to persons legitimated by extraneous law. See for summary of law before 1927 an article by Sir Dennis Fitzpatrick, K.C.S.I., in the Journal of the Society of Comparative Legislation, No. 13, New Series (1904).In the British Colonies ...
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
Legitimacy
The state or quality of being legitimate or in conformity with law hence the condition of having been lawfully begotten or born in wedlock...
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
Antenati
Antenati, those born before a certain period, e.g., before marriage. In Scotland marriage removes the illegitimacy of antenati who inherit as heirs; but in England a child legitimated per subsequens matrimonium could not, before 1926, inherit real estate, Doe v. Vardill, (1835) 2 Cl & F 571; 7 ib. 895; but he could take as devisee under a devise to children [Re Grey's Trusts, (1892) 3 Ch 88]. See Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), and LEGITIMATION....
Bastard Eigne
Bastard Eigne, an elder son born before marriage; thus if a man had a natural son, and afterwards married the mother and by her had a legitimate son, the latter was mulier puisne, and the elder son bastard eigne, Watk. Descent. C. v. See Legitimacy Act, 1926 (c. 60) and LEGITIMATION....
Husband
Husband, means a Parsi husband. [Parsi Marriage and Divorce Act, 1936 (3 of 1936) s. 2(5)]A married man; a man who has a lawful wife living, Black's Law Dictionary, 7th Edn., p. 746.Husband, the expression husband cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerces her in any manner or for any of the purposes enumerated in the relevant provisions ss. 304B/498A, whatever be the legitimacy of the marriage itself for the limited purpose of s. 498A and 304B, I.P.C. The absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as 'husband' is no ground to exclude them from the purview of s. 304B or 498A, I.P.C. viewed in the content of very object and aim of the legislations introducing those provisions [Indian Penal Code, 1860, ss. 498A and 304...
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