Recite - Law Dictionary Search Results

Improvise

To compose recite or sing extemporaneously especially in verse to extemporize also to play upon an instrument or to act extemporaneously...

Secondary evidence, Secondary evidence means and includes:(1) Certified copies given under the provisions hereinafter contained;(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;(3) Copies made from or compared with the original;(4) Counterparts of documents as against the parties who did not execute them;(5) Oral accounts of the contents of a document given by some person who has himself seen it. [Evidence Act, 1872 (1 of 1872), s. 63]That species of proof which is admitted on the loss of primary evidence. There are no degrees of this evidence; for example, if a letter be lost it may be as good as recite it from memory as to produce a copy. It is the province of the judge to decide whether a document produced be original or not, and until he decides it is not, no secondary evidence can be put in. See NOTICE TO ADMIT; NOTICE TO PRODUCE; HEARSAY....

Dempster

Dempster, the Chief Judge of a Tinwald Court in the Isle of Man. See Scott's Peveril of the Peak, ch. v. See DEEMSTERS.In Scotland in former times the word Dempster or Doomster of Court was the designation of an official person whose duty it was to recite the sentence after it had been pronounced by the Court, and recorded by the clerk; on which occasion the Dempster legalized it by the words of form, 'And this I pronounce for doom.' For a length of years the office was held in commendam with that of the executioner; it has long been abolished. See Scott's Heart of Midlothian, ch. xxiii....

Defeasance (defeasance)

Defeasance (defeasance) [fr. defaire, Fr., to undo], a collateral deed accompanying another, providing that upon the performance of certain matters an estate or interest created by such other deed shall be defeated and determined.A defeasance should recite the deed to be defeated and its date, and must be made between the same parties as are interested in the recited deed or their representatives, and with the same formalities as the deed which created the estate to be defeated; it must be of a thing defeasible, and all the conditions must be strictly performed before the defeazance can be consummated.So long as it was the law that a condition in a lease not to alien without license was determined by the first license granted [Dumpor's case, (1603) 1 Sm. L. C.], a defeazane was frequently adopted in order to revive the condition, and so virtually to limit the license to the particular assignment, but the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), replaced by t...

Appointment in exercise of a Power

Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...

Rhapsodist

Anciently one who recited or composed a rhapsody especially one whose profession was to recite the verses of Hormer and other epic poets...

Declaim

To speak rhetorically to make a formal speech or oration to harangue specifically to recite a speech poem etc in public as a rhetorical exercise to practice public speaking as the students declaim twice a week...

House of correction

House of correction, a species of goal which does not fall under the sheriff's charge, but is governed by a keeper wholly independent of that offence.1. A reformatory 2. A place for the contaminant of furnace offenders or those who have committed crimes of cesser magnitude, Black's Law Dictionary, 7th Edn.Houses of Correction, fist established in the reign of Elizabeth, were originally designed for the penal confinement (after conviction) of paupers and vagrants refusing to work; but by 5 & 6 Wm. 4, c. 38, ss. 3, 4, reciting that great inconvenience and expense had been found to result from the practice of committing to the common goal where it happens to be remote from the place of trial, it is enacted that a justice of the peace, or coroner, may commit for safe custody to any house of correction situate near the place where the assizes or sessions are to be held; and that offenders sentenced in those courts may be committed, in execution of such sentence, to any house of correction f...

Misrecital

Misrecital, a wrong recital. If it be in the beginning of a deed, which goes not to the end of a deed, it shall not hurt, but if it go to the end of a sentence, so that the deed is limited by it, it is vicious, Cart. 149...

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