Sub Modo - Law Dictionary Search Results
Home Dictionary Name: sub modoSub modo
Sub modo, under condition or restriction...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Paraphernalia
Paraphernalia [fr. pap', Gk., beyond; and fer'h, dower], jewellery and ornaments which a husband has given to his wife before or during marriage. Whether these were meant to be absolute gifts or were merely paraphernalia for her adornment as a spouse is a question of fact, Tasker v. Tasker, 1895, P. 1. At law, before the Married Women's Property Act (see MARRIED WOMEN'S PROPERTY), the husband, in his lifetime might dispose of his wife's paraphernalia; excepting, indeed, her necessary apparel; and they were liable to the claims of the husband's creditors, with the like exception. But the wife was entitled to her paraphernalia against his representatives; for the husband could not, by will, dispose of them, or leave them to his represen-tatives Paraphernalia were deemed gifts sub modo only, i.e., for the purpose of being worn by the wife as ornaments of her person, and it is otherwise in the case of wearing apparel purchased by the wife with money supplied by the husband, Masson, Templie...
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