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Preference - Law Dictionary Search Results

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Choice

Act of choosing the voluntary act of selecting or separating from two or more things that which is preferred the determination of the mind in preferring one thing to another election...


Bill in criminal cases

Bill in criminal cases. Grand Juries were abolished by the (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo. 5, c. 36), from 1st September, 1933, except in certain cases [s. 1 (9)]. S. 2 of the Act provides for the new procedure. Until this Act was passed the bill was an indictment of a crime or misdemeanour preferred to a grand jury; evidence in support of it was adduced; if the grand jury thought it a groundless accusation, they endorsed 'not a true bill,' or 'not found,' and then the party was discharged without further answer, but a fresh bill might afterwards be preferred to a subsequent grand jury. If they were satisfied of the truth of the accusation, they then endorsed upon it 'a true bill'; the indictment was then said to be found and the party stood his trial....


Deprivation

Deprivation, taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross immorality, and the like, or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for neglecting to read the liturgy and articles in the church, and to declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England; or for continued neglect, after order of the bishop, followed by sequestration, to reside on the benefice; and see as to deprivation for immorality, etc., the (English) Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32), s. 6(1)(b), and Oxford ...


Quando jus domini regis et subditi concurrunt jus regis praeferri debet

Quando jus domini regis et subditi concurrunt jus regis praeferri debet, means where the title of the king and the title of a subject concur, the King's title must be preferred, Laws of England, 4th Edn., Vol. 8, para 1076, p. 666.Quando jus domini regis et subditi concurrunt jus regis preferri debet (9 Rep. 129), when the rights of the king and of the subject concur, those of the king are to be preferred....


subject to the numerical limit

subject to the numerical limit Categories of legal immigrants subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants. Source: U.S. Citizenship and Immigration Services ...


Salic, or Salique

Salic, or Salique [lex salica, Lat.], an ancient and fundamental law of the kingdom of France, usually supposed to have been made by Pharamond, or at least by Clovis, in virtue of which males only are to reign.It is a popular error to suppose that the Salic law was established purely on account of the succession of the Crown, since it extended to private persons as much as to the royal family.The Salic law had not in view a preference of one sex to the other, much less had it a regard to the perpetuity of a family, a name, or the succession of land. It was purely a law of economy which gave the house, and the land dependent on the house, to the males who should dwell in it, and to whom it consequently was of more service.In proof of this, the title of allodial lands of the Salic law may be thus stated:-(1) If a man die without issue, his father or mother shall succeed him.(2) If he have neither father nor mother, his brother or sister.(3) If he have neither brother nor sister, the sist...


Lean

Lean, means (1) to incline or tend in opinion or preference. A court is sometimes said to 'lean against' the position of one of the advocates before it, meaning that the court regards the advocate's position disfavorably; (2) to yield; to submit, Black's Law Dictionary, 7th Edn., p. 897....


Pourveyance, or Purveyance

Pourveyance, or Purveyance, the providing necess-aries for the sovereign, by buying them at an appraised valuation in preference to all others, and even without the owner's consent. Indeed, it was a royal right of spoil, and was long since abolished. It was forbidden, without the owner's consent, by 25Edw. 1 (Statut. de Tallag.), and see 12 Car. 2, c. 24; 3 Hallam's Middle Ages, c. 8, pt. 3, p. 148, see LAND COMPULSORY ACQUISITION....


Preferential payments

Preferential payments, in bankruptcy, administra-tion of estates of persons dying insolvent, and winding up of a company:-One year's rates and taxes, four months' salaries of clerks up to fifty pounds, and two months' wages of labourers or workmen, up to twenty-five pounds (labourers in husbandry paid partly in a lump sum at the end of the year of hiring to have the whole or proportionate part of that sum). Also sums due under the Workmen's Compensation Acts, the National Insurance Acts (Health and Unemployment and Contributory Pensions). These debts rank equally between them unless the assets are insufficient, in which case they are to abate in equal proportions. By the (English) Bankruptcy Act, 1914 (see s. 34), the preference was extended to apprentices. See the (English) Bankruptcy Act, 1914, s. 33, and the (English) Companies Act, 1929, s. 264, by which these debts are directed to be paid in priority to all others; and by s. 264 (4) (b) of the Companies Act, 1929, these debts are ...


Primogeniture

Primogeniture, seniority, eldership, state of being first-born.The right of primogeniture obtaining in the United Kingdom was that right whereby the eldest son succeeded to all the real estate of an intestate parent. An analogous right of succession is frequently given by will, and even more frequently given and preserved by marriage or other settlement. The right was not acknowledged by the Romans; sons and daughters all shared equally the property of their parents; and in continental coun-tries exists in a modified form only, if at all. See Eyre Lloyd's 'Rights of Primogeniture and Succession.' In England the customs of gavelkind and Borough-English were almost the only exceptions to this Norman rule of inheritance.The right, which was a corner-stone of the social structure in England, has been swept away by the land legislation of 1925. See DESCENT. Hereditary dignities and titles of honour are not affected. [Cf. Law of Property Act, 1925, s. 201 (2)]Means first born and denotes the...



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