Pro Tanto - Law Dictionary Search Results
Home Dictionary Name: pro tantopro tanto
pro tanto [Late Latin] : for so much : to a certain extent [the obligation is pro tanto discharged "Uniform Commercial Code"] [entered into a pro tanto release pending the appeal] ...
Satisfaction
Satisfaction, legal compensation; the recompense for an injury done, or the payment of money due and owing. See ACCORD.The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation, Black's Law Dictionary, 7th Edn., p. 1343.The doctrine of satisfaction of legacies, portions, and debts means the gift of a thing with the intention, either expressed or implied, that it is to be taken either wholly or partly in extinguishment of some prior claim or demand. Of course, it is open to a donor expressly to provide that his subsequent gift shall be a satisfaction of a prior demand, so as to prevent such donee from claiming both. With regard to implied or presumable satisfactions, they have been divided in to the three following classes:-(1) The satisfaction of legacies by portions, otherwise called the ademption of legacies. Upon this subject Lord Eldon laid down in Ex parte Pye, (1811) 18 Ves. 140; 2 W. & T.L.C., that 'where a p...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Beer
Beer, a liquor, compounded of malt and hops. The selling of it by retail is regulated by various Acts. The (English) Licensing Act of 1828, which did not allow the sale of beer by retail except in 'alehouses,' etc., requiring a licence from justices of the peace-grantable or refusable in their absolute discretion-not being considered to afford sufficient facilities for supplying the public with beer, the (English) Beer Act of 1830 (11 Geo. 4 & 1 Wm. 4, c. 64), was passed to allow any person to retail beer upon taking out an excise licence only.This Act was amended in 1834 by 4 & 5 Wm. 4, c. 85, which drew a distinction between houses for the retail of beer to be drunk on the premises where sold-commonly called beerhouses-and houses for the retail of beer not to be drunk on the premises where sold-commonly called beershops, by requiring that the keeper of a beerhouse should obtain as a condition precedent to his excise license a certificate of good character, signed by six rate payers n...
Cessio bonorum
Cessio bonorum (a surrender of goods). By the Roman Law a cessio bonorum of the debtor was not a discharge of the debt, unless the property ceded was sufficient for that purpose. It otherwise operated only as a discharge pro tanto, and exonerated the debtor from imprisonment. Huberus informs us that in Holland a cessio bonorum does not even exempt from imprisonment unless the creditors assent; and Heineccius proclaims the same as the law of some parts of Germany. The Scottish Law conforms to the Roman code in its leading outlines, and the modern code of France adopts the same system, Story's Conflict of Laws, 492; and see 2 Br. & Had.Com. 623....
Innocent conveyances
Innocent conveyances, a covenant to stand seized; a bargain and sale; and release; so called because, since they convey the actual possession by construction of law only, they do not confer a larger estate in property than the person conveying possesses, and therefore, if a greater interest be conveyed by these deeds than a person has, they are only void, pro tanto, for the excess. But a feoffment of such larger estate was a tortious conveyance, and therefore, under such circumstances, would have been void altogether, and produced a forfeiture. But by the 4th section of the Real Property Act, 1845 (8 & 9 Vict. c. 106), a feoffment made after October 1st, 1845, shall not have any tortuous operation. It is, therefore, an innocent conveyance....
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
Marshalling
Marshalling, the act of arranging or of putting into proper order.The doctrine of marshalling assets and securities depends upon the principle that a person, having two funds out of which to satisfy his demands, shall not, by his election, prejudice a person who has only one such fund. If, therefore, one who has a claim upon two funds resorts to the only fund upon which another has a claim, the latter stands in his place for so much against the fund to which otherwise he could not have access: the object being that every claimant shall be satisfied as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of such claims.In the administration of the estate of deceased persons, marshalling consists of arranging the assets so as to give effect to the priority of debts, as to legal assets on the one hand, and to the order of assets on the other. now that all the assets are liable to be applied for t...
nolle pros
nolle pros nolle prossed nolle pros·sing : nol-pros ...
nunc pro tunc
nunc pro tunc : now for then used in reference to a judicial or procedural act that corrects an omission in the record, has effect as of an earlier date, or takes place after a deadline has expired [a nunc pro tunc order] [permitted to file the petition nunc pro tunc] ...
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