Taking Statutes - Law Dictionary Search Results
Home Dictionary Name: taking 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...
Retrospective statutes
Retrospective statutes, means 'a statute is to be deemed to be retrospective, which takes away or impairs any vested right acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to transactions or consideration already past, Craies on Statute Law, 7th Edn., p. 387....
Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
Statute stapul'
Statute stapul', the ancient writ that lay to take the body to prison, and seize upon the lands and goods of one who had forfeited the bond called statute-staple, Reg. Brev. 151....
dead man's statute
dead man's statute : a law barring the testimony of a person with an interest in an estate regarding any conversation with or any event taking place in the presence of the decedent called also dead man act dead man's act ...
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....
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