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Presumption

(1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable … from another, the court is only applying a process of intelligent reasoning which the mind of a prudent man would do under similar circumstances. Presumption is not the final conclusion to be drawn from other facts. But

Way

is given to stop up and divert highways, and the mode of proceeding to effect this object is pointed out. Parties grieved have a right of appeal to the sessions. Bridges are public highways. See BRIDGE. A … king's public highway; and the turnpike roads, created and regulated by specific Acts of Parliament, have now for many years become ordinary highways. See TURNPIKE-ROADS. Highways generally be-come so by what is called a 'dedication' of them

Civil Law

'Digest' and 'Pandects' are not synonymous; the former means an abstract of the opinions of lawyers upon certain points of law; the latter, from all and to receive, signifies a compendium of the law. Tribonian received the … religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king, enacted many wise and good laws to maintain the cause of the poor, and to stop the oppressions of the

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Education

Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education … (23 & 24 Geo. 5, c. 12). See, further, State in Relation to Education (Craik); Owen's Education Act Manual; Chitty's Statutes, tit. 'Education', and under various Acts; Halsbury's Laws of England, and supplements; and the titles CONSCIENCE

Uses

only use, on which it has been held that the Statute of Uses can work. The following examples point out the peculiar operation of these two classes of transfers, i.e. (a) transmutation of possession as to the … with the possession, rents and profits, but was under an obligation to deal with them in a special manner indicated by the feoffor. The indication might be lawful or it might be a special trust unlawful, which

Vagrants

of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:- 1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues. First. … streets or public highway, or in any place of public resort, and behaving in a riotous and indecent manner. (5) Every person wandering abroad, or placing himself or herself in any public place, street, highway, Court, or

Action prejudicial

brother for lands descended from the father, and it is objected against him that he is bastard, this point of bastardy must be tried before the cause can proceed. It is, therefore, termed pr'judicialis. … Action prejudicial, otherwise called preparatory or principal, an action arising from some preliminary doubt, as in case a man sue his younger brother for lands descended from the father, and it is objected against him that he

Traveller

owe its origin to the Scottish Forbes-Mackenzie Act (16 & 17 Vict. c. 67), seems merely intended to point the distinction between those who travel to drink, and those who drink to travel. s. 61 of the … least three miles distant from the place where he demands to be supplied with liquor'; but although a man was not a bon' fide traveller unless he had travelled the three miles, he did not necessarily become

Argument

proof, or to require a better; this he calls argumentum ad ignorantiam. The third is to press a man with consequences drawn from his own principles, concessions, or actions; this is known by the name of argumentum … way to knowledge. Means a statement that attempts to persuade, especially, the remarks of counsel in analysing and pointing out or repudiating a desired inference, for the assistance of a decision-maker. The Act or process of attempting

Prerogative of mercy

thinks fit, refer the case to the Court of Criminal Appeal (as upon an appeal) or ferer any point to that Court (see also s. 4, ibid.). This is the direct adoption of a suggestion made by … 28) (see Chit. Stat. Tit. 'Criminal Law'), the King may grant a free pardon for felony by sign manual. The practice of obtaining a free pardon before 1848 was fully explained in a letter to the Home

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