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Perpetual Curate - Law Dictionary Search Results

Home Dictionary Name: perpetual curate

Perpetual curate

Perpetual curate, a minister in holy orders, who is charged with the permanent care of a parochial church, which, although an appropriation, has no endowed vicar. He is entitled to emolument for his services.By the Church Building Act, 1831, churches or chapels built and endowed by particular individuals shall have districts assigned to them, and be deemed perpetual curacies, and the right of nomination thereto shall be vested in the person so building and endowing....


Curate

Curate [fr. Curator, Lat.], is a term properly applied to one who has the cure of souls, namely, the incumbent of a parish. The incumbent may have to assist him an 'assistant' or 'stipendiary' curate, often called 'curate' simply. A curate in this sense is an officiating temporary minister, regularly employed by the spiritual rector or vicar either to serve in his absence or as his assistant. All curates serve under a licence from the bishop of the diocese, revocable at his discretion, with an appeal against the revocation of the licence to the archbishop only [(English) Pluralities Act, 1838 (1 & 2 Vict. c. 106), s. 98; Poole v. Bishop of London, (1861) 7 Jur. N. S. 347]; and the law, on the other hand, has made several provisions for their proper maintenace, Pluralities Act, 1838, ss. 75-103; (English) Pluralities Act, 1884 (48 & 49 Vict. c. 54), ss. 8, 10. See PERPETUAL CURATE....


Perpetuity

Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...


Curator

Curator, a protector of property. His duty was to see that the person under his care did not waste his goods-Civil Law, Sand. Just. As to an interim curator for a convict's property, see Forfeiture Act, 1870 (33 & 34 Vict. c. 23), s. 21, and see ADMINISTRATOR. This Act is not affected by the (English) Law of Property Act, 1925, see s. 7 (3), ibid....


perpetuity

perpetuity pl: -ties 1 : the quality, state, or duration of being perpetual [devised to them in ] 2 a : the condition of a future estate limited in such a way as not to vest within the period fixed by law for the vesting of an estate ;also : a limitation that gives rise to such a situation b : an estate that will not vest within the period fixed by law see also rule against perpetuities, statutory rule against perpetuities 3 : an annuity payable forever ...


Perpetuating testimony

Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...


curator

curator [Latin, guardian, from curare to take care of] in the civil law of Louisiana : a person appointed by a court to care for the property of an absent person or to care for the person or property of someone mentally incapable of doing so compare committee, conservator, guardian, interdict, tutor cu·ra·tor·ship n ...


de minimis non curat lex

de minimis non curat lex [New Latin, the law does not concern itself with trifles] : the principle that the law is not concerned with insignificant or minor matters ...


Curator bonis

Curator bonis, a person appointed by the Court of Session to manage and preserve property until the owner, e.g., an infant, is in a position to act for himself, Bell's Dict....


De minimis non curat lex

De minimis non curat lex. Cro. Eliz. 353.-(The law cares not about very trifling mattes.). Therefore the courts will not, as a rule, take notice of the fraction of a day (see that title); or grant a new trial on the ground of a verdict being against evidence, if the damages were less than 20l, See Broom's Max....


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