Step child, the child of one's spouse by a previous marriage, Black's Law Dictionary, 7th Edn....
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Marriage articles, the heads of an agreement for a marriage settlement. Generally speaking, expressions and limitations in these Articles are allowed a more liberal meaning consistently with intention than formal conveyances and settlements, and as two words of limitation, see s. 130, Law of Property Act, 1925, and Norton on Deeds....
Birds. Larceny may be committed at Common Law of domestic fowls, as hens, ducks, geese, etc. (1 Hale, PC 511), and of tame pigeons, though unconfined, Reg. v. Cheafor, (1851) 2 Den CCR 361, and of tame pheasants, Reg. v. Head, (1857) 1 F&F 350; or partridges, Reg. v. Shickle, (1868) LR 1 CCR 158. The (English) Larceny Act, 1861, ss. 21-23, provides, that whoever shall steal, or kill with intent to steal, birds ordinarily kept in a state of confinement, or for any domestic purposes, not being the subject of larceny at Common Law, or shall be in possession of any such bird, or the plumage thereof, knowing the same to have been stolen, shall be punishable on summary conviction by fine or imprisonment.As to unlawfully and wilfully killing or wounding house doves or pigeons under circumstances not amounting to larceny at Common Law, see (English) Larceny Act, 1861, s. 23, and Malicious Damage Act, 1861, s. 41. See also the (English) Poultry Act, 1911, and the Protection of Animals Act, 1911...
Child-bearing. The English law admits of no presumption as to the time when a woman ceases to bear children, though this enters into most other codes, and the practice of the Courts in treating women of a certain age as past child-bearing is not a rule of law but is a mere rule of convenience in the administration fo estates; there is no legal impossibility in a woman 100 years old bearing a child; see Farwell on Powers, p. 295 and cases there referred to; Co. Litt. 40 b. The possibility of bearing a child after the age of fifty-four was recognized by the Court of Appeal in Corxton v. May, (1878) 9 Ch D 388, in a case where the woman had been married only three years....
Condonation, a pardoning or remission. In cases of adultery it is forgiveness, legally releasing the injury, by virtue of Judicature Act, 1925, s. 178, replacing the (English) Matrimonial Causes Act, 1857, s. 30; Keats v. Keats, (1859) 28 LJP & M 57. When cruelty by a husband is condoned, it is revived by subsequent adultery on his part (Norman v. Norman, 1908 p. 6).Forgiveness and restoration, Dr. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326: AIR 1975 SC 1534 (1545): (1975) 3 SCR 967. [Hindu Marriage Act (25 of 1955) s. 23(1)(b) and 10(1)(b)]...
Illegitimate blood, According to the s. 2(b) Exp. I(b), Relationship in the terminology degrees of prohibited relationship includes illegitimate blood relationship as well as legitimate. [Special Marriage Act, 1954, s. 2(b) Expl. (b)]...
Legitimate child, one between whose parents subsisted the relation of marriage either at time of procreation or of birth, or at some intervening or subsequent period....
Merton, Statute of (20 Hen. 3, c. 4, A.D. 1235), the first Act of Parliament passed, so called because it was enacted at the Priory of Merton, in Surrey, about nine miles from London. Its principal unrepealed provisions (1) allow the inclosure or 'approvement' of commons by lords of manors, provided that the freeholders have sufficient pasture (subject to the consent of the (English) Board of Agriculture and Fisheries (56 & 57 Vict. c. 57); (2) declare the illegitimacy of children born before marriage (see LEGITIMACY). It was in connection with provision (2) that the barons declared against any alteration, notwithstanding the request of the bishop that the law should be altered. 'Omnes Comites et Barones,' runs the statute, 'una voce responderunt quod nolunt leges, Angli' mutare qu' usitat' sunt et approbat'.' See BASTARD; INCLOSURE....
Resides, it contemplates not only permanent residence but also temporary residence. Residence only connotes that a person eats, drinks and sleeps at that place, and not that he should own it, Sri Kishore Chandra Singh Deo v. Babu Ganesh Prasad Bhagat, AIR 1954 SC 316 (320): (1954) SCR 919. [Registration Act, 1908, s. 33(1)(a)](ii) The expression 'resides' implied something more than a brief visit but not such continuity as to amount to a domicile, Jagir Kaur v. Jaswant Singh, AIR 1963 SC 1521 (1524): (1964) 2 SCR 73.(iii) 'Resides' means to make an abode for a considerable time; to dwell permanently or for a length of time; to have a settled abode for a time, Jeewanti Pandey v. Kishan Chandra Pandey, AIR 1982 SC 3 (5): (1981) 4 SCC 517. [Hindu Marriage Act, 1955 (25 of 1955)]...