Statutes - Law Dictionary Search Results
Home Dictionary Name: statutesFrauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Interpretation of Statute
Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...
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for the purpose of expressly and specifically repealing Acts or parts of Acts which had been either impliedly repealed by subsequent statutes on the ground that leges posteriores priores contrarias abrogant, or which (see the preambles to the various Acts) 'might be regarded as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...
statute of limitations
statute of limitations 1 a : a statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised compare laches, statute of repose b : a criminal statute establishing the period of time within which an offense can be punished after its commission 2 : a period of time established by a statute of limitations for commencing an action or prosecution 3 : an affirmative defense that the statute of limitations has expired ...
Directory Statute
Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...
Statute
Statute, a law, an edict of the legislature, an Act of Parliament. See ACT OF PARLIAMENT.A law passed by legislative body, Black's Law Dictionary, 7th Edn., p. 1420.Statute, is a law passed by a legislative body and set forth in a formal document, Webster American Dictionary, p. 1425.Statute, is synonymous with Act of Parliament, Stroud's Judicial Dictionary, Vol. 3, p. 2544.Statute, is the will of the legislature i.e. an edict of the legislature. A statute is, however, different from a statutory instrument; as distinguished from such an edict is a document whereby the rule-making power is express, Vishnu Pratap Sugar Works Pvt. Ltd. v. Chief Inspector of Stamps, Uttar Pradesh, (1968) 1 SCJ 688: AIR 1968 SC 102.Means a law or enactment of a legislative authority, Office of the Speaker in the Parliament of Commonwealth, Wilding and Philip Laundry, p. 724.Statute, refers to 'written' as well as opposed to 'unwritten law', UNESCO Report, p. 693....
statute of frauds
statute of frauds 1 often cap S&F a : a state law modeled on the English Statute of Frauds or dealing with the enforcement and requirements of agreements in particular circumstances see also Statute of Frauds in the Important Laws section compare main purpose rule part performance at performance NOTE: There are many statutes of frauds, but use of the term often implies a single entity. This is at least partially due to the great stature of the original law, which represents the general principle that a contract must be in writing to be enforceable. b : a provision in the Uniform Commercial Code under which a contract for the sale of goods for $500 or more is not enforceable unless signed by the party sought to be held to it or by an authorized agent 2 : a defense employing a statute of frauds (as in the denial of an enforceable agreement) ...
long-arm statute
long-arm statute : a state statute allowing for the assertion of personal jurisdiction over a nonresident defendant who has some connection (as ownership or use of property, transaction of business, or commission of a tort) with the state called also single-act statute see also doing business statute, minimum contacts ...
Borrowing statute
Borrowing statute, means a legislative exception to the conflict-of-laws rule holding that a forum State must apply its own statute of limitations. A borrowing statute specifies the circumstances in which a forum State will apply another State's statute of limitations, Black Law Dictionary, 7th Edn., p. 179....
Donis conditionalibus, Statute de
Donis conditionalibus, Statute de (13 Edw. 1, c. 1, A.D. 1285), otherwise called Westminster the Second. At the date of this statute a gift to a man and the heirs of his body, provided that if he had no heirs the lands should revert, was construed to give the donee a conditional fee, which enabled him, after issue begotten, to alien the land, and thereby to disinherit the issue and to deprive the donor of his right of reverter. This interpretation is declared by this statute to be 'contrary to the minds of the giver, and the form impressed in the gift': wherefore it is ordained that the 'will of the giver, according to the form in the deed of gift manifestly expressed, be henceforth observed; so that they, to whom the land is given under such condition, shall have no power to alien the land so given, but that it shall remain unto the issue of them to whom it is given after their death, or shall revert to the giver or his heirs if issue fail, or there is no issue at all . . . And if a f...
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