S 26 - Law Dictionary Search Results
Home Dictionary Name: s 26 Page: 7Arson
Arson [fr. ardeo, Lat., to burn], the malicious firing of a house or other building. The law upon this subject is to be found in the (English) Malicious Damage Act, 1861, ss. 1-8. As to maliciously setting fire to ships, see ss. 42-44; to crops, etc., ss. 16-18; to coalmines, s. 26.Means, at common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage, Black Law Dictionary 7th Edn., p. 106....
Assise of darrein presentment
Assise of darrein presentment, or last presentation; it lay when a person, or his ancestors, under whom he claims, had presented a clerk to a benefice who was duly instituted, and afterwards, upon the next avoidance, a stranger presents a clerk, thus disturbing the right of the lawful patron; upon this, the patron issued this writ, directed to the sheriff to summon an assize or jury, to inquire who was the last patron that presented to the church now vacant, of which the plaintiff complains that he is deforced by the defendant, Termes de la Lay. It was, however, abolished, and recourse had to the action of quare impedit (3 & 4 Wm. 4, c. 27). But since the (English) C. L. P. Act, 1860, s. 26, quare impedit cannot be brought, an action in the King's Bench (formerly Common Pleas) Division of the High Court of Justice being substituted for it....
Order of Discharge
Order of Discharge, an order made under the Bankruptcy Act 1914, s. 26, by a Court of bankruptcy, the effect of which is to discharge a bankrupt from all debts, claims, or demands provable under the bankruptcy, except Crown debts, debts incurred by fraud, and certain judgments (s. 28)....
Cape
Cape, a judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default and also over to the demandant; the cape ad valentiam was a species of grand cape; and cape parvum, or petit cape, after appearance or view granted, summoning the tenant to answer the default only, Termes de la Ley; Steph. Com.The proceedings in real actions were abolished by 3 & 4 Wm. 4, c. 27, s. 36, and 23 & 24 Vict. c. 126, s. 26....
Peto's Act
Peto's Act, the (English) Trustee Appointment Act, 1850 (13 & 14 Vict. c. 28), whereby property conveyed for religious or educational purposes vests in the trustees from time to time without any further conveyance; amended by the Trustees Appointment Act, 1890, by its extension to societies of associated congregations, such as those of the Wesleyan Methodists, to which body the Act of 1850 had been held in Re Hoghton Chapel, (1854) 2 WR 631, not to apply. Extended to burial grounds by 32 & 33 Vict. c. 26....
King's Books
King's Books. They contain the Valor Beneficiorum-i.e., value of every ecclesiastical benefice and preferment, according to which valuation the first-fruits and tenths were collected and paid, and the clergy rated. This value was certified by certain commissioners, pursuant to 26 Hen. 8, c. 3, confirmed by 1 Eliz. c. 4....
Keeper of the Queen's prison
Keeper of the Queen's prison. This officer was appointed by the Secretary of State for the Home Department during pleasure, Abolished 25 & 26 Vict. c. 104....
Wild's case, Rule in
Wild's case, Rule in. A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate-tail; but if he have issue at the time, B. and his children may, upon construction, take joint estates for life, 6 Rep. 16 b; Tud. L.C. on Real Property, 2nd Edn. 542, 581.The rule did not apply to personalty; see Audsley v. Horn, (1858) 26 Beav 195: 1 De GF&J 226; 2 Jarm. on Wills; Theobald on Wills.The rule has apparently been abolished in regard to wills coming into operation after 1925. See TAIL...
Recto de dote
Recto de dote, a writ of right of dower, which lay for a widow who had received part of her dower, and demanded the residue, against the heir of the husband or his guardian. Abolished. See 23 & 24 Vict. c. 126, s. 26, and DOWER....
Reasonable opportunity of being heard
Reasonable opportunity of being heard, the person concerned should be given a reasonable oppor-tunity of being heard before any order prejudicial to him is made in revision. If this reasonable opportunity of being heard cannot be given without the service of the notice the omission to serve the notice would be fatal; where however proper hearing can be given without service or notice, it does not matter at all, and all that has to be seen is whether even though on notice was given a reasonable opportunity of being heard was given, Fazal Bhai Dhala v. Custodian General, Evacuee Property, AIR 1961 SC 1397 (1399): (1962) 1 SCR 456. [Administration of Evacuee Property Act (31 of 1950), s. 26(1) Proviso 1]...
- << Prev.
- Next >>