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Amends, tender of

Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been … For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s. 5, the (English) Lands Clauses Consolidation Act, 1845

Nuisance

the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded … such rights may give rise to an action for damages without any proof of negligence. See Halsb. L.E., title 'Nuisance.' Nuisance is of two kinds: (1) public; (2) private. If a nuisance affects the property or the

Pandect', or Digesta

part of its contents is not law, but is dogmatic, or is taken up with the investigation of particular cases. Instead of the insufficient rules of Valentinian III., the excerpts in the Pandects are taken immediately from … in Smith's Dict. of Antiq., voce 'Pandect'.' The Pandects are divided into fifty Books, each book containing several Titles, divided into Laws, and the Laws generally into several Parts or Para-graphs. In order to prevent the circulation

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Conditions of sale

or rents and profits, upon delay or completion after the fixed day, delivery of the abstract, commencement of title, time for making the purchaser's objections or requisitions to the title shown, and replies thereto. Rights of vendor … which an estate of interest is to be sold by auction, tender, or private treaty. Together with the particulars (q.v.) the conditions constitute the offer for sale. Conditions of sale will be construed so as to collect

Sessions of the peace

of two or more justices, held not of their own mere motion and private agreement, but on a particular occasion for the execution of some given branch of their authority, after reasonable notice to all the other … by numerous statutes. They are of three descriptions:- I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of

Lost grant

Pradesh, (2002) 3 SCC 258. Lost grant, the doctrine has no application to the case of inhabitants of particular localities seeking to establish rights of user to some piece of land or water. Since the right originated … of land for a considerably long period when such user is found to be in open assertion of title, exclusive and uninterrupted, Konda Lakshmana Bapuji v. Government of Andhra Pradesh, AIR 2002 SC 1012 (1034): (2002) 3

Donatio mortis causa

made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, … 58 Vict. c. 30). It differs from a legacy in that it does not need probate, the donee's title being directly derived from the giver in his lifetime; it is not a testamentary act; and it is

Deed

assumption of any additional name should be stated so as to preserve identity on the face of the title. A mistake will not vitiate the instrument if the party can be identified by extraneous evidence, Nihil facit … clauses prior to the Conveyancing Act, 1881, under which a conveyance, in the 'general words,' enumerated all the particulars intended to pass to the grantee. S. 6 of that Act reproduced by s. 62 of the (English)

Public policy

SCC 394: (1994) SCC (Cr) 740: (1994) 2 SCJ 545. Public policy, is not the policy of a particular government. It concerns the public goods and the public interest, Janson v. Driefontein Consolidated Gold Mines Ltd., (1902) … of contract or private dealings is restricted by law for the good of the community. See, e.g., the titles CHAM-PERTY; RESTRAINT OF MARRIAGE; RESTRAINT OF TRADE; MORTMAIN. Thus it is against public policy to allow an action

Oath

in the form specified in the Act. And any person wilfully making such declaration false in any material particular is guilty of a misdemeanour. Promissory oaths are those required to be taken by persons on their appointment … 3, c. 104; 57Geo. 3, c. 19; 1 Vict. c. 91. As to 'Commissioners for Oaths,' see that title. As to the oath to be taken by members of the Parliament of the Irish Free State, see

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