Mutual - Law Dictionary Search Results
Home Dictionary Name: mutual Page: 4consensual
consensual 1 : existing or made by mutual consent without any further act (as a writing) 2 : involving or based on mutual consent [ sexual intercourse] ...
Astipulation
Astipulation [fr. astipulor, Lat.], a mutual agreement, assent, and consent betwen parties; also a witness or record....
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Bord-brigch
Bord-brigch [fr. borg-bryce, or burg-brych, Sax.], a breach of violation of suretyship, pledge-breach, or breach of mutual fidelity....
Brothel
Brothel [fr. bordel, Fr.], a habitation of prostitutes. To keep one is an offence at Common Law, the prosecution of which by indictment is specially encouraged by the (English) Disorderly Houses Act, 1751 (25 Geo. 2, c. 36), s. 5, and the prosecution of which by summary proceedings before justices of the peace is allowed by the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69). Further provision for the suppression of brothels is made by the (English) Criminal Law Amendment Acts, 1912 and 1922. For a person licensed to sell intoxicating liquor to permit his premises to be a brothel, the penalty is up to 20l. fine, forfeiture of license, and perpetual disqualification for holding another, by s. 15 of the (English) Licensing Act, 1872. A woman who keeps a house for the purpose of prostitution with herself alone cannot be convicted of keeping a brothel, Singleton v. Ellison, (1895) 1 QB 607.Includes any house, room, [conveyance] or place or any portion of any house, room [c...
Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
Chirograph
Chirograph a deed or other public instrument in writing, which anciently was attested by the subscription and crosses of witnesses: afterwards, to prevent frauds and concealment, people made their deeds of mutual covenant in a script and rescript, or in a part and counterpart, and in the middle between the two copies they drew the capital letters of the alphabet, and then tallied or cut asunder, in an indented manner, the sheet or skin of parchment; which, being delivered to the two parties concerned, were proved authentic by matching with and answering one another. Deeds thus made were denominated syngrapha by the canonists, and with us chirographa, or hand writings. Chirograph was also used for a fine, the manner of engrossing which and cutting the parchment into two pieces was observed in the chirographer's office of the Court of Common Pleas until those assurances by matter of record were abolished by the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), 2 Bl. Com. 296...
Clubs
Clubs, associations to which individuals subscribe for purposes of mutual entertainment and convenience; the affairs of which are generally conducted by a steward or secretary, who acts under the immediate superintendence of a committee. The members of an ordinary club, merely as such, are not liable for anything beyond their subscriptions, Wise v. Perpetual Trustee Co., 1903 AC 139. As to altering the rules of a club, see Thellusson v. Valentia, 1907 (2) Ch 1; and as to the expulsion of a member, see Baird v. Wells, (1890) 44 Ch D 661. Consult Wertheimer on Clubs; Leake on Contracts.As to working men's club, sick clubs, etc., see FRIENDLY SOCIETIES, and especially s. 8 of the (English) Friendly Societies Act, 1896 (59 & 60 Vict. c. 25), and (English) Industrial Assurance and Friendly Societies Act, 1929 (19 & 20 Geo. 5, c. 28). Shop clubs are dealt with by the (English) Shop Clubs Act, 1902 (2 Edw. 7, c. 21), which prohibits compulsory membership of unregistered Shop Clubs or Thrift F...
Condition
Condition. An event upon which a right under contract or to property may arise, become altered, or cease. Condition has been used in connection with personal obligations to distinguish one kind of obligation from another in the same transaction and to limit property. In their primary meaning, conditions precedent are events, but for the happening of which, rights will not arise.A condition subsequent puts an end to a state of things which, but for its happening, would have continued. Dependent or collateral conditions depend upon their mutual fulfilment as in a contract for sale of land where, unless otherwise agreed, the payment of the purchase money is conditional upon the conveyance and vice versa.Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they may be implied bylaw according to the nature of the transaction.A peculiarity of conditions precedent is that an illegal or impossibl...
Congress
Congress, an assembly of envoys, commissioners, deputies, etc., from different courts, who meet to concert measures for their common good, or to adjust their mutual concerns....
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