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Presentment - Law Dictionary Search Results

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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....


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....


presentment

presentment 1 : the act of presenting to an authority a formal statement of a matter to be dealt with ;specif : the notice or accusation of an offense by a grand jury on the initiative of the jury members or on the basis of their own knowledge without a bill of indictment laid before them 2 : the act of producing or offering at the proper place and time a document (as a negotiable instrument) that calls for acceptance and payment by another : a demand for payment of an instrument upon a party liable for payment on behalf of the holder ...


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....


Darrein presentment

Darrein presentment, assize of, lay only where a man had an advowson by descent from his ancestors; it was abolished by the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 36....


On presentment

On presentment, Reffered. (Negotiable Instruments Act, 1881, s. 21)Referred. [Negotiable Instruments Act, 1881 (26 of 1881), s. 21...


Presentation

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)....


Re presentation

The act of re presenting or the state of being presented again a new presentation as re presentation of facts previously stated...


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.'...


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