Stint Common Without - Law Dictionary Search Results
Home Dictionary Name: stint common withoutStint, Common without
Stint, Common without; common sans nombre, i.e., without number. See COMMON....
Sans nombre, Common
Sans nombre, Common a common in gross which is absolutely unlimited; a common without stint. As to common in gross, see Williams on Rights of Common....
Common of fishery
Common of fishery, is a liberty of fishing in another man's waters in common with certain other person. It may be held as either appurtenant to a house or land (but not to a pasture), or in gross, but it appurtenant may not be without stint, Halsbury's Laws of England, para 617, p. 262....
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
common-law marriage
common-law marriage : a marriage that is without a ceremony and is based on the parties' agreement to consider themselves married and usually also on their cohabitation for a period and their public recognition of the marriage compare concubinage NOTE: Most jurisdictions no longer allow this type of marriage to be formed, although they may recognize such marriages formed prior to a certain date or formed in a jurisdiction that does permit common-law marriages. ...
Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Cloak
A loose outer garment extending from the neck downwards and commonly without sleeves It is longer than a cape and is worn both by men and by women...
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