Per Pro - Law Dictionary Search Results
Home Dictionary Name: per proPer Pro
Per Pro. By procuration, which see....
Servitium, in lege Angli', regulariter accipitur pro servitio quod per tenentes dominis suis debetur ratione feodi sui
Servitium, in lege Angli', regulariter accipitur pro servitio quod per tenentes dominis suis debetur ratione feodi sui. Co. Litt. 65.-(Service, by the law of England, means the service which is due from the tenants to the lords by reason of their fee.)...
Procuration
Procuration, an agency, the administration of the business of another; also moneys which parish priests pay yearly to the bishop or archdeacon, ratione visitationis; these are also called proxies, and it is said that there are three sorts--ratione visitationis, consuetudinis, et pactiHardr. 180Bills of Exchange may be drawn, accepted, or endorsed by procuration, i.e., by an agent who has an authority for such a purpose, and 'a signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority.'--Bills of Exchange Act, 1882, s. 25. The words 'per pro.' Or 'p.p.' (by procuration) usually follow the signature of an agent, and by s. 26 of the Bills of Exchange Act, a person signing a bill and adding words indicating that he signs in a representative capacity is not personally liable on the bill....
High 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, ...
Pone per vadium
Pone per vadium, an obsolete writ to the sheriff to summon the defendant to appear and answer the plaintiff's suit, on his putting in sureties to pro-secute: it was so called from the words of the writ, pone per vadium et salvos plegios-'put by gage and safe pledge, A.B., the defendant.'...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Estate duty
Estate duty. A duty first levied by the (English) Finance Act, 1894 (57 & 58 Vict. c. 30), upon the principal value of all property, real or personal, settled or not settled, which passes or is deemed to pass on the death of a person after 1st August, 1894. Property 'passing' on death includes gifts or dispositions by the deceased to another person within three years of death, the estate duty taking the place of the 'account duty,' leviable on such gifts within twelve months of death, by virtue of s. 38 of the (English) Customs and Inland Revenue Act, 1881, as amended by s. 11 of the (English) Customs and Inland Revenue Act, 1889. Property 'passing' on death includes also settled property, in which the life interest is surrendered to the remainderman by the tenant for life within the three years before the death of the tenant for life, by virtue of s. 11 of the Finance Act, 1900 (62 & 63 Vict. c. 7), passed to alter the law as laid down by the Court of Appeal in Attorney-General v. de ...
Vicarious responsibility
Vicarious responsibility. A principal is liable for acts of his agent within the scope of his mandate. If A., an innocent principal, by B. his agent to report, misleads C., his selling agent, and C., relying on the report, innocently misleads the buyer, the latter may recover damages against the principal for deceit if B.'s report was reckless and untrue, London County Freehold, etc. Properties, Ltd. v. Berkeley Pro-perty, etc. Co. Ltd., 155 LT 190. The knowledge of the principal and his agent is one, Pearson v. Dublin Corporation 1907 AC 351; although the functions may have been divided and one only of the con-stituents has been guilty, the mind, and with it the guilt, if any, and the act are collectively the principal's, and his responsibility. Qui facit per alium facit per se....
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