Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.The extinction of heriots was first attempted by the (Engl...
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Hire-purchase system. A system whereby the owner of goods lets them on hire for periodic payments by the hirer upon an agreement that when a certain number of payments have been completed, the absolute property in the goods will pass to the hirer, but so that the hirer may return the goods at any time without any obligation to pay any balance of rent accruing after return, until the conditions have been fulfilled, the property remains in the owner. The instrument by which the hire-purchase is effected does not ordinarily require registration under the Bills of Sale Acts [Ex parte Crawcour, (1878) 9 Ch D 419]; and the hirer is 'reputed owner' within the Bankruptcy Act [Ex parte Brooks, (1993) 23 Ch D 261]; but the hirer does not 'agree to buy' within the Factors Act or Sale of Goods Act so as to be able to sell or pledge the goods as if he were a 'mercantile agent', Helby v. Matthews, 1895 AC 471; Brooks v. Biernstein, (1909) 1 KB 98. Distinguish from agreements such as in Lee v. Butler...
Indemnity, a contract, express or implied, to keep a person harmless from loss which that person may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates the primary liability of a third person. as pointed out by Anson on Contracts, a form of indemnity may be illustrated by 'If you will supply goods to A. I will see you paid.' A guarantee, if 'A. does not pay you, I will.' There is, as a rule, a right of subrogation to all the remedies available to the person indemnified under an indemnity available to a person indemnifying-a guarantor has the right of subrogation as well as a right of recourse against the person guaranteed unless otherwise agreed. A great number of indem-nities are implied at Common Law or statute, and the contract extends to all the loss suffered and is not limited in amount as a contract to pay a sum of money is limited. As to implied indemni...
Jedburgh Justice, otherwise called Jeddart Justice, that unjust procedure whereby a person is sentenced first and tried afterwards. Jedburgh is a Scots Border town in Roxburghshire, where frequent conflicts took place between English and Scots Borderers before the Union. The turbulence of the Scots Borderers led to the establishment of a Court where very summary justice was administered, but whether any actual trial took place after sentence was passed is doubtful. Compare LYNCH LAW, from which, however, it differs from the fact of the 'justice' being done by a duty constituted authority....
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Levy, may include both the process of taxation as well as the determination of the amount of tax or duty, S.K. Pattanaik v. State of Orissa, (2000) 1 SCC 413.The term 'levy' is wider in its import than term 'assessment'. It may include both 'imposition' as well as 'assessment' Imposition is generally used for levy of a duty or tax by legislative provisions indicating the subject-matter of levy and rate of levy. Levy of duty does not mean actual collection, Collector of Central Excise, Chandigarh v. Smith Kline Beecham Consumer Health Care Ltd., AIR 2003 SC 829. [see Central Excise Act, 1944 (1 of 1944)][fr. levo, Lat.], the act of raising money or men.Assessment and collection of income tax The expression 'levy, assessment and collection of income-tax' in section 13(1) of the Finance Act, 1950, was wide enough to comprehend re-assessment proceedings under section 34 of the Income Tax Act, 1922, Income Tax Officer v. K.N. Guruswamy, AIR 1958 SC 808: (1959) SCR 785.Levy under section 14(...
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Medical practitioner, means a person who possesses a recognised medical qualification as defined--(i) in clause (h) of s. 2 of the Indian Medical Council Act, 1956, and whose name has been entered in a State Medical Register, as defined in clause (k) of that section.(ii) in clause (h) of sub-s. (1) of s. 2 of the Indian Medicine Central Council Act, 1970, and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-s. (1) of that section.(iii) in clause (g) of sub-s. (1) of s. 2 of the Homeopathy Central Council act, 1973, and whose name has been entered in a State Register of Homeopathy, as defined in clause (i) of sub-s. (1) of that section. [Mental Health Act, 1987 (14 of 1987), s. 2 (k)]...
Ordinarily, may means 'normally', State of Andhra Pradesh v. V. Sharma Rao, AIR 2007 SC 137; Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346; Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.Means 'normally', 'usually', 'in the ordinary course' etc., Y.K. Bammi v. Jawahar Lal Nehru University, AIR 1993 Del 239.Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, AIR 1961 SC 1346 (1349): (1962) 1 SCR 374. [Indian Railway Establishment Code, Rule 2046 (2)(a)]The word 'ordinarily' necessarily implies the exclusion of 'extraordinary' or 'special' circum-stances, Eicher Tractors Ltd. v. Commissioner of Customs, (2001) 1 SCC 315: AIR 2001 SC 196 (198). [Customs Act, 1962, s. 14(1)]Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346.The word 'ordinarily' may mean 'normally'. But, the said expression must be understood in the content in which it has bee...