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Home Dictionary Name: so called Page: 2Pr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Calendar
Calendar [fr. Calendarium, Lat.; fr. Calend', the first day in the month in Roman reckoning], the order and series of months, together with the festivals and fasts, which make up the year. There are two modes of computing time-by the annual course of the sun, and by the periodical revolutions of the moon. The solar year consists of 365 days, 5 hours, 48', 45', 30'; the lunar year of 354 days, 3 hours, 48', 38', 12'. The Mohammedans adopt the lunar year. The solar year, calculated by the ancient Egyptians, has undergone various corrections and denominations.The chief of the calendars now in use are the three following: (1) The Julian, so called because Julius C'sar introduced into the Roman Empire the solar or Egyptian year, instead of the lunar year. The Russians and Greeks are the only nations that now use the Julian year. The common Julian year consists of 365 days, and the bissextile or leap-year (see that title), which returns every four years, of 366 days. This computation is faul...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
So called
So named called by such a name but perhaps called thus with doubtful propriety...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Ancient demesne
Ancient demesne, a tenure now abolished by s. 128 of the (English) L. P. Act, 1922 (12 & 13 Geo. 5, c. 16), see COPYHOLDS, but formerly existing in certain manors, which, though now granted to private persons, were in the actual possession of the Crown in the times of Edward the Confessor and William the Conqueror, and appear to have been so by the great survey in the Exchequer called Domesday Book, and, therefore, whether lands are ancient demesne or not, is to be tried only by this book, called in consequence Liber Judicatorius; but the question must be tried by a jury whether lands be parcel of a manor which is ancient demesne, being a question of fact. There is great confusion in the books respecting this tenure. It is only the freeholders of the manor who are truly tenants in ancient demesne, and land held in ancient demesne, passes by common law conveyance without the instrumentality of the lord. The copyholders is an ancient demesne manor are merely to be considered as occupying...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Heirloom
Heirloom [fr. h'res, Lat., heir, and geloma, Sax., goods], personal chattels, such as charters, deeds, and evidences of title, coat armor set up in a church, or a tombstone erected there, which go to the heir, together with the inheritance. The ancient jewels of the Crown are heirlooms. Heirlooms strictly so called are now rarely met with. See Williams on personal Property; Co. Litt. 18b, 185b; 2 Bl. Com. 428.The term 'heirlooms' is often applied in practice to the case where certain chattels--for example, pictures, plate, or furniture--are directed by will or settlement to follow the limitations thereby made of some family mansion or estate. But the word is not then employed in its strict and proper sense, nor is the disposition itself beyond a certain point effectual; for the Articles will, in such case, belong absolutely to the first person who, under the limitations of the settlement, becomes entitled to the real estate for a vested estate of inheritance; see Portman v. Viscount Po...
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....
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
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