Single Act Statute - Law Dictionary Search Results
Home Dictionary Name: single act statute Page: 3Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Bastard
Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
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...
Holding
Holding. For the purposes of the Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), holding is defined [s. 57(1)] as follows: 'Holding' does not include an allotment garden or include any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening but, except as aforesaid, means 'any parcel of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment or employment held under the landlord.' The Agricultural Holdings (Scotland) Act, 1923 (13 & 14 Geo. 5, c. 10), contains a similar definition in s. 49; also in Scots law to signify the tenure or nature of the right given by the superior to the vassal.Holding is defined by s. 2(2) of the Travancore-Cochin Kanam Tenancy Act, 1955 as a parcel or parcels of l...
damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
Cable
Cable [fr. cabl, Welsh; cabel, Dut.], the grate rope of a ship, to which the anchor is fastened. The proof and sale of chain cables and anchors, formerly regulated by the (English) Chain Cable and Anchors Acts, 1864, 1871, and 1874 (27 & 28 Vict. c. 27), (34 & 35 Vict. c. 101), and (37 & 38 Vict. c. 51) (see Chitty's Statutes, tit. 'Shipping'), are now regulated by the (English) Consolidating Anchors and Chain Cables Act, 1899 (62 & 63 Vict. c. 23), which simplifies and amends the law by providing more elaborate tests, the Schedule containing which takes the place of Rules of the Board of Trade, by which Board, however, it can be altered from time to time.Means a length of insulated single conductor (solid or stranded or of two or more such conductors, each provided with its own insulation, which are laid up together. Such insulated conductor or conductors may or may not be provided with an overall mechanical protective covering. [Indian Electricity Rules, 1956, R. 2 (1) (g)]...
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
Guarantee
Guarantee, he to whom a guaranty is made; also, and more commonly, the guaranty itself. See GUARANTY.The assurance that a contract or legal act will be duly carried out; Something given or existing as security, such as to fulfill a further engagement or a condition subsequent, Black's Law Dictionary, 7th Edn., p. 711.Company limited by. See COMPANIES.Guarantee includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount. [Constitution of India, Art. 366(13)]Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt payable to him, Stroud's Judicial Dictionary, Vol. 2, p. 1111.Includes any obligation undertaken before the com-mencement of the constitution to make payments in the event of the profits of an undertaking falling short of a specified amount, Constitut...
Session, Court of, in Scotland
Session, Court of, in Scotland, the supreme civil Court of Scotland, instituted A.D. 1532, and formerly consisting of fifteen judges-that number being reduced in 1830, by 11 Geo. 4 & 1 Wm. 4, c. 69, s. 20, to thirteen; viz., the Lord President, the Lord Justice-Clerk, and eleven ordinary lords. This Court is required, by 48 Geo. 3, c. 151, to sit in two divisions; the Lord President, with three ordinary lords, form the first division; and the Lord Justice-Clerk and there other ordinary lords form the second division. There are five permanent Lords Ordinary, attached equally to both divisions, the last appointed of whom officiates on the bills, i.e., petitions to the Court during session, and performs the other duties of junior Lord Ordinary. The chambers of the Parliament House, in which the First and Second Divisions of the Court of Session hold their sittings, are called the Inner House; those in which the Lords Ordinary sit, as single judges, to hear motions and causes, are collecti...
- << Prev.
- Next >>