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Home Dictionary Name: mother Page: 3Maintenance
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...
Guardian
Guardian, means a person having the care of the person of a minor or his property or of both his person and property, and includes:(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by court, and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;Explanation.--For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specifies geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. [Hindu Minority and Guardianship Act, 1956 (32 of 1956), s. 4(b)]A guardian is one appointed by the wisdom and policy of the law to take care of a person and his affairs, who by reason of his imbecility and want of understanding is incapable of acting for his own interest (2...
Frater fratri uterino non succedet in h'reditate paterna.
Frater fratri uterino non succedet in h'reditate paterna.--(A brother shall not succeed a uterine brother in the paternal inheritance.)The maxim is now superseded; for by the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 9, the half-blood inherit next after any relation in the same degree of the whole blood and his issue where the common ancestor is a male, and next after the common ancestor where a female, so that the brothers of the half-blood, on the part of the father, inherit next after the sisters of the whole blood on the part of the father and their issue, and the brothers of the half-blood on the part of the mother inherit next after the mother.This rule still applies in regard to (a) the devolution of entailed interests in real or personal property (Law of Property Act, 1925, s. 130 (4), and Law of Property (Amend.) Act, 1924, 9th Sched.), (b) the ascertainment of heirs as purchasers under limitations by deed or will coming into operation after 1925 under s. 132, ibid., and...
En ventre sa mere
En ventre sa mere. [Fr. In its mother's womb.] A child in the womb of the mother is for most purposes regarded in English law as being already born. But there are certain important exceptions. For example, if a child is killed whilst it is within the womb, it cannot be the subject of a murder or manslaughter charge, but otherwise if it receives injuries whilst in the womb which occasion its death after birth, R. v. Senior, (1832) 1 Moo CC 346. In civil matters also the fiction of birth is only to be applied if the maintenance of the fiction is for the child's benefit and not its detriment, Villar v. Gilbey, 1907 AC 139, but it has lately been held by the House of Lords that the doctrine does not apply where a benefit is not destined directly to the child and is only for his indirect benefit, if any: Elliot v. Joicey (Lord), 1935 AC 209, and see LQR, January, 136, for a note on the case. Subject to the narrowing of the doctrine by Elliot v. Joicey, ubi. Sup., a liberal interpretation wi...
Colony
Colony [fr. colo, Lat., to cultivate], a settlement in a foreign country possessed and cultivated, either wholly or partially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country whence they emigrated. In other words, it is a place peopled from some more ancient city or country.England was not the first among European nations that planted settlements in parts beyond Europe. But by her own colonization, and by the conquests of the settlements of other nations, she was now acquired a more extensive dominion of colonies and dependencies than any other nation. The colonies of Great Britain exceed in number, extent, and value those of every other country.In an Act of Parliament (English) passed after 1889 the expression 'colony' means by s. 18(3), of the Interpretation Act, 1889, 'any part of her Majesty's dominions, exclusive of the British Islands and of British India, and where parts of such dominions are under both a central ...
Obtain maintenance from
Obtain maintenance from, the word 'obtain' as used in the proviso is also, in court opinion, significant. It does not merely mean that the widow is somehow managing to live with or is being maintained by her father or mother or that her father or mother are somehow managing to save their widowed daughter from starvation, for if this were to be the meaning placed on the word 'obtain', then, apparently, the basic and main purpose and object of the Hindu Adoptions and Maintenance Act would be thwarted rather than advanced, Jal Kaur v. Pala Singh, AIR 1961 Punj 391 (395). (Hindu Adoptions and Maintenance Act, 1956, s. 19 Proviso)...
Birth, Concealing
Birth, Concealing. See Offences against the Person Act, 1861, s. 60, which enacts that every person who shall, by any secret disposition (see R. v. Brown, 1870 LR 1 CCR 244) of the dead body of a child, whether such child died before, at, or after his birth, endeavour to conceal the birth thereof, shall be guilty of a misdeameanour, punishable with imprisonment not exceeding two years. To constitute the offence it must be established that the mother was delivered of a child within the meaning of the statute (see R. v. Colmer, 9 Cox, 506; R. v. Hewitt, 4 F. & F. 1101), that there was a definite act of concealment of the body as distinguished from abandonment, that the child was dead at the time, and that a body has been found and identified with that of the child to whom the charge relates. S. 60 of the Act provides, further, that if any woman tried for the murder of a child is acquitted thereof, she can lawfully be convicted of concealment of birth if there is evidence of that offence....
Adoption
Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reason...
Addition
Addition, the title, or occupation, and place of abode of a person besides his names. See 1 Hen. 5, c. 5; Termes de la Ley, and compare the Criminal Procedure Act, 1851, s. 24.Means the place of residence, and the profession, trade, rank and title of a person described, and in the case of his father's name, or where he is usually described as the son of his mother, then his mother's name. [Registration Act, 1908 (16 of 1908), s. 2 (1)]Means a structure that is attached to or connected with another building that predates the structure; an extension or annex. Although some courts have held that an addition is merely an appurtenant structure that might not actually be in physical contact with the other building, most courts hold that there must be physical contact of title and appellation appended to a person's name to show rank, occupation, or place of residence. In English Law, there are traditionally four kinds of additions: (1) those of estate, such as yeoman, gentleman, or esquire; (...
Accession
Accession [fr. accedo, Lat.], addition, arriving at, the commencement of a sovereign's reign; also the absolute or conditional acceptance by a nation of a treaty already concluded between other countries. The accession of a sovereign takes place immediately upon the death of the preceding monarch. See BILL OF RIGHTS.Accession, means property by. The doctrine of property arising from accession is grounded on the right of occupancy, and derived from the Roman Law; thus if any given corporeal substance receive an accession, either by natural or artificial means, as by the growth of vegetables, the pregnancy of animals, the embroidering of cloth, or the conversion of wood or metal into utensils, the original owner of the thing was entitled by his right of possession to the property of it under its improved state; but if the thing itself by such operation was changed into a different species, as by making wine, oil, or bread out of another's grapes, olives, or wheat (specificatio, Lat.), it...
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