Statute - Law Dictionary Search Results
Home Dictionary Name: statute Page: 2 Page 2 of about 1,217 results (0.004 seconds)Westminster the Third, Statute of
Westminster the Third, Statute of (18 Edw. 1, st. 1, AD 1290); otherwise called the Statute Quia emptores terrarum. See QUIA EMPTORES, STATUTE OF....
Westminster the second, Statute of
Westminster the second, Statute of (13 Edw. 1, st. 1, AD 1285); otherwise called the Statute De donis conditionalibus; see TAIL. 2 Reeves, c. 10, p. 163. Certain parts of this Act are repealed by Statute Law Revision Act, 1887....
Westminster the First, Statute of
Westminster the First, Statute of (3 Edw. 1, AD 1275). This statute, which deserves the name of a Code rather than an Act, is divided into fifty-one chapters. Without extending the exemption of churchmen from civil jurisdiction, it protects the property of the Church from the violence and spoliation of the king and the nobles, and provides for freedom of popular elections, because sheriffs, coroners, and conservators of the peace were still chosen by the freeholders in the county Court, and attempts had been made to influence the election of knights of the shire, from the time when they were instituted. It contains a declaration to enforce the enactment of Magna Charta against excessive fines, which might operate as perpetual imprisonment; enumerates and corrects the abuses of tenures, particularly as to marriage of wards; regulates the levying of tolls, which were imposed arbitrarily by the barons, and by cities and boroughs; corrects and retrains the power of the king's escheator and...
Statute staple
Statute staple, a bond of record acknowledged before the mayor of the staple, in the presence of the constables of the staple, or one of them; the only seal required for its validity was the seal of the staple, and therefore if the statute were void for any cause, it could not, as in the case of a statute-merchant (q.v.), be proceeded on as a common obligation; and, wanting the sanction of the seal of the king, the sheriff, after the extent, could not deliver the lands to the consuee, but had to seize them into the king's hands; and in order to obtain possession of them, the conusee had to sue out a writ of Liberate, which was a writ out of Chancery, reciting the former writ, and commanding the sheriff to deliver to the conusee all the lands, tenements, and chattels by him taken into the king's hands, if the conusee would have them, until he should be satisfied his debt. Obsolete. See STAPLE...
Statute Law Revision Acts
Statute Law Revision Acts. A number of general Acts were passed from the year 1861 to 1927 inclusive, for the purpose of expressly and specifically repealing Acts or parts of Acts which had been either impliedly repealed by subsequent statutes on the ground that leges posteriores priores contrarias abrogant, or which (see the preambles to the various Acts) 'might be regarded as spent, or had by lapse of time or otherwise become unnecessary' from various causes, or had become obsolete, and also partly with the view of clearing the way for two editions of 'Statutes Revised,' that is, statutes in force only, as distinguished from the 'Statutes at Large,' or statutes just as they are passed. In 1890, as explained in an Introductory Note to vol. 4 of the 2nd edition of the Revised Statutes, a Select Committee of the House of Commons considered the subject of statute law revision, and recommended the omission from the Revised Statutes of 'any preambles' [but see that title] 'to an act, or in...
Quia Emptores, Statute of
Quia Emptores, Statute of (18 Edw. 1, st. 1, c. 1), A.D. 1290, West. The Third. It is entitled in the Parliament-roll, from the subject of it, statutum regis de terris vendendis et emendis. Prior to this statute any person might, by a grant of land, have created a tenure as of his person; but if no such tenure were reserved, the feoffee held of the feoffor by the same services by which the feoffor held of his superior lord. The consequence was, that all the fruits of tenure fell into the hands of the feoffors or mesne lords, to the prejudice of the superior lords of the fee; for remedy whereof it was by this statute enacted; 'That thenceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part of them, so that the feoffee shall hold the same lands or tenements of the chief lord of the same fee, by such service and customs as his feoffor held before.'-2 Inst. 500; 2 Reeves, c. 11, p. 223....
Not guilty by Statute
Not guilty by Statute. Very many Acts from time to time allowed defendants sued for doing things in pursuance of them to plead 'not guilty by statute' (or the general issue, as it was described in the statute). They are mostly repealed by the Public Authorities Protection Act, 1893; but the defence is still provided for by R.S.C., Ord.XIX., r. 12, and Ord. XXI., r. 19. Consult Bullen & Leake, Prec. of Plead., 7th ed. pp. 749, 797. See also Aggson Agricultural Holdings, 4th ed. p. 387....
Fraud on the Statute
Fraud on the Statute, the expression 'fraud on the statute' is merely a figurative description of a colourable transaction to evade the provisions of a statute and does not, for purpose of choice of the remedy, distinguish itself from the consequences of fraud as vitiating the permission under s. 21, Pankaj Bhargava v. Mohinder Nath, (1991) 1 SCC 556 (569). (Delhi Rent Control Act, 1958, s. 21)...
Equality of the statute
Equality of the statute, the judicial rule of law for interpreting statutes applies the grammatical approach, thereby to bring out the value judgment incorporated in the statute itself. Sometimes it is called the 'equity of the statute'. Words must be given their 'literal' or 'ordinary' meaning unless there are compelling reasons, recognised by canons of construction, to the contrary, Authorised Officer v. S. Naganatha Ayyar, (1979) 3 SCC 466: AIR 1979 SC 1192....
Contracting out of a statute
Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been passed may contract with others in such a manner as to deprive themselves of the benefit of the statute, as, for instance, the benefit of the Employers Liability Act, 1880; see Griffiths v. Earl of Dudley, (1882) 9 QBD 357.Certain Acts prohibit 'contracting out' or impose limitations. For example, by s. 1 (3) of the Workmens Compensation Act, 1925, contracting out of the Act is allowed upon the certificate of the Registrar of Friendly Societies that a proposed scheme of compensation is not less favourable to the workmen than the scheme of compensation provided by the Act. See also s. 45 of the Agricultural Holdings Act, 1923; and s. 146 (12) of the (English) Law of Property Act,1925, which provides for relief against the forfeiture of a lease; and also ss. 95 and 96 as to mortgages which exclude contracting out, ...
- << Prev.
- Next >>