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Home Dictionary Name: per month Page: 3High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Pandect', or Digesta
Pandect', or Digesta. In the last month of the year AD 530, Justinian, by a constitution addressed to Tribonian, empowered him to name a commission for the purpose of forming a code out of the writings of those jurists who had enjoyed the Jus respondendi, or, as it is expressed by the emperor, 'antiquorum prudentium quibus auctoritatem conscribendarum interpretandarumque legum sacratissimi principes pr'buerunt.' The compilation, however, comprises extracts from some writers of the republican period, Const. Deo Auctore. Ten years were allowed for the completion of the work. The instructions of the emperor were, to select what was useful, to omit what was antiquated or superfluous, to avoid unnecessary repetitions, to get rid of contradictions, and to make such other changes as should produce out of the mass of ancient juristical writings a useful and complete body of law (jus Antiquum);--the work was to be named Digesta, a Latin term indicating an arrangement of materials; or Pandect', ...
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
Time
Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time dur...
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
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