Recommend - Law Dictionary Search Results
Home Dictionary Name: recommend Page: 2Precatory words
Precatory words, expressions in a will, praying or recommending that a thing be done; e.g., that property bequeathed to a legatee be disposed of by him for the benefit of other persons ,the question then arising whether the legatee was meant to take absolutely or merely as a trustee for such other persons. The general rule is that such words will create a precatory trust if they are capable of being construed as imperative, but the cases are num-erous and conflicting. In former times the Court was very apt to construe words of recommendation as imperative, but of late years the tendency has been the other way; see Hill v. Hill, (1897) 1 QB 483; Williams v. Williams, (1897) 2 Ch 12; Re Oldfield, (1904) 1 Ch 549; Comiskey v. Bowring-Hanbury, 1905 AC 84....
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Customs
Customs, duties charged upon commodities on their importation into, or exportation out of, a country. They seem to have existed in England before the Conquest, but the king's claim to them was first established by grant of Parliament in the reign of Edward I. These duties were at first, principally laid on wool, woolfels (sheep-skins) and leather when exported. There were also extraordinary duties paid by aliens both on export and import, which were denominated parva custuma, to distinguish them from the former, or magna custuma. The duties of tonnage and pound-age, of which mention is so frequently made in English history, were customs duties; the first being made onwine by the tun, and the latter being ad valorem duty of so much a pound on other merchandise. When these duties were granted to the Crown they were denominated subsidies, and as the duty of poundage had continued for a lengthened period at the rateof 1s. a pound, or five percent., a subsidy came, in the language of the cu...
report
report : a usually detailed account or statement: as a : an account or statement of the facts of a case heard and of the decision and opinion of the court or of a quasi-judicial tribunal determining the case b : a written submission of a question of law (as by a lower court) to an appellate court for review before final decision is entered c : a usually formal and sometimes official statement giving the conclusions and recommendations of a person (as a master) or group (as a legislative committee) authorized or delegated to consider a matter or proposal [the committee made an unfavorable on the bill] d : a usually formal account of the results of an investigation given by a person or group delegated or authorized to make the investigation e : an analysis of operations and progress and a statement of future plans made at stated intervals by an administrator or executive or group of executives to those to whom such a report is owed [the board of directors issued its annual to th...
Recommend
To commend to the favorable notice of another to commit to anothers care confidence or acceptance with favoring representations to put in a favorable light before any one to bestow commendation on as he recommended resting the mind and exercising the body...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Missura
Missura, the ceremonies used in the Romish Church to recommend and dismiss a dying person....
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Recommendatory
Serving to recommend recommending commendatory...
Plurality
Plurality, majority; in greater number than one. The holding of more than one ecclesiastical benefice is very much restricted.The (English) Pluralities Act, 1838 (repealing the former statute against pluralities, 21 Hen. 8, c. 13), as amended by the (English) Pluralities Measure, 1930 (20 & 21 Geo. 5, No. 7), provides that two benefices may be held together, by dispensation of the archbishop on the recommendation of the bishop, if the churches be within four miles of each other, and if the annual value of one does not exceed 400l....
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