S 121 - Law Dictionary Search Results
Home Dictionary Name: s 121Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
In the discharge of duty
In the discharge of duty, s. 121 of the Railways Act, 1890 states: If a person willfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. The expression 'in the discharge of his duty' is not equivalent to the expression' when on duty', Shyam Lal v. State of U.P., AIR 1963 SC 1511 (1514): (1964) 2 SCR 61. [Railways Act, 1890, s. 121]...
Fee-farm rent
Fee-farm rent, where an estate in fee is granted in perpetuity, subject to a rent in fee for so much as it is reasonably worth, not being less than one-fourth of the value of the lands at the time of its reservation; and such rent appears to be called fee-farm, because a grant of land reserving so considerable a rent is indeed only letting lands to farm in fee-simple, instead of the usual method of life or years, Steph. Com., 13th Edn. At p. 480. If the rent be in arrear for two years the feoffor or his heirs may have an action to recover the lands as his demesnes. Cowel's Law Dict., citing Britton, cap. 66, num. 4. Formerly it was said that these rents could not be distrained for, but the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, allowed distress, impounding and sale for the rents if the rents had been paid for three years. for the remedies in case of non-payment of these rents if created after 1881, see s. 121, (English) Law of Property Act, 1925, and for relie...
Quit rent
Quit rent (quietus redditus), a rent payable to the lord by a freeholder or ancient copyholder of a manor, so called because thereby the tenant goes quit and free of all other services, 2 Bl. Com. 42. As no manor has been created since the statute Quia Emptores (see MANOR; QUIA EMPTORES), every quit rent must have become first payable at a date prior to that statute.A quit rent may be 'redeemed' by the owner of the land subject thereto, under s. 45 of the Con-veyancing Act, 1881, reproduced by the Law of Property Act, 1925, s. 191. Also to the remedies for non-payment, see s. 121 and ibid.Means a payment to a feudal lord by a freeholder or copyholder, so called because upon payment the tenant goes 'quit and free' (discharged) of all other services, Black's Law Dictionary, 7th Edn., p. 1262....
Notes, Judge's
Notes, Judge's. a judge usually takes notes of the viva voce evidence given during the trial of an action, and these are in practice always referred to on appeal, although they cannot be obtained as a matter of right. In criminal trials the judge must, it seems, take such notes and furnish them, in cases of appeal, to the Court of Criminal Appeal [(English) Court of Criminal Appeal Act, 1907, ss. 8 and 9(a); and Criminal Appeal Rules, 1908, r. 14]. At the trial or hearing of any action or matter in the county court in which there is a right of appeal, the judge, at the request of either party, shall make a note of any question of law raised, and of the facts in evidence relating thereto, and of his decision thereon, and of his decision of the action or matter. Any party to the action is entitled to a copy at his own expense [(English) County Courts Act, 1888, ss. 120 and 121]. See now County Courts Act, 1934 (c. 53), ss. 105, 108; and McGrah v. Cartwright (1889) 23 QBD 3, as to the dut...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
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