Presentative - Law Dictionary Search Results
Home Dictionary Name: presentativePresentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Next presentation
Next presentation, the right to present to an ecclesiastical benefice on the occurrence of the next vacancy. The purchase of the next presentation of a vacant benefice is illegal and void; and a clerk could not purchase a next presentation, even if the church were full, with a view of presenting himself. The sale of next presentations is now abolished and the transfer of rights of patronage of a benefice strictly regulated by the Benefices Act,1898, and the rules made thereunder, and further restricted by the (English) Benefices Act,1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1)....
Assise of darrein presentment
Assise of darrein presentment, or last presentation; it lay when a person, or his ancestors, under whom he claims, had presented a clerk to a benefice who was duly instituted, and afterwards, upon the next avoidance, a stranger presents a clerk, thus disturbing the right of the lawful patron; upon this, the patron issued this writ, directed to the sheriff to summon an assize or jury, to inquire who was the last patron that presented to the church now vacant, of which the plaintiff complains that he is deforced by the defendant, Termes de la Lay. It was, however, abolished, and recourse had to the action of quare impedit (3 & 4 Wm. 4, c. 27). But since the (English) C. L. P. Act, 1860, s. 26, quare impedit cannot be brought, an action in the King's Bench (formerly Common Pleas) Division of the High Court of Justice being substituted for it....
Presentment
Presentment, a very comprehensive term, including not only presentments properly so called, but also inquisitions of office, and indictments by a grand jury; properly speaking, the notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the Crown; as the presentment of a nuisance, a libel, and the like, upon which the officer of the Court must afterwards frame an indictment before the party presented can be put to answer it.Presentments are also made in courts-leet and courts-baron, before the stewards, 1 Steph. Com....
Re presentation
The act of re presenting or the state of being presented again a new presentation as re presentation of facts previously stated...
Presentment in relation to copyholds
Presentment in relation to copyholds. In order to give effect to a surrender out of Court it was for-merly necessary that due mention or 'presentment' of the transaction should be made at some subsequent Court.The surrender, and every other document relating to the title, on being presented in Court, had to be endorsed thus:- 'Presented and enrolled at a Court held for the manor of --, the -- day of --,' and then undersigned by at least two of the homage. The ceremony was dispensed with by with Copyhold Act, 1841, s. 89....
present sense impression
present sense impression : an out-of-court statement that describes or explains an event or condition and that was made during or immediately after the time the event or condition was perceived ;also : an exception to the hearsay rule allowing such a statement to be entered as evidence that what was asserted in the statement is true NOTE: Present sense impressions are excepted from the hearsay rule because the immediacy of the response is considered to render the statement trustworthy. “Look out, he's got a gun,” might be considered admissible as a present sense impression. ...
Presentable
Capable or admitting of being presented suitable to be exhibited represented or offered fit to be brought forward or set forth hence fitted to be introduced to another or to go into society as ideas that are presentable in simple language she is not presentable in such a gown...
Presentment
The act of presenting or the state of being presented presentation...
Presents
Presents. 'These presents' is the phrase by which reference is made in a deed to the deed itself; e.g., 'And whereas the parties to these presents have agreed, etc.'...