Temple - Law Dictionary Search Results
Home Dictionary Name: temple Page: 3Accord
Accord. An amicable arrangement between parties especially between people or nation; compact or treaty, Black's Law Dictionary, 7th Edn. Accord and Satisfaction [fr. accorder, Fr., to agree], an agreement between two persons, one of whom has a right of action against the other, that the latter should do or give and the former accept something in satisfaction of the right of action. When the agreement is executed, and satisfaction has been made, it is called accord and satisfaction. Accord and satisfaction bars the right of action; accord without satisfaction, or satisfaction without accord, does not.* In the case of an ascertained debt, the acceptance of a smaller sum is no satisfaction, e.g., payment of Rs. 50. is no answer to an action for a debt of Rs. 100; though if anything other than money, e.g., a negotiable instrument for a smaller amount or a peppercorn, had been accepted in satisfaction, the action would have been barred, see Couldery v. Bartrum, (1881) 19 Ch D 399; Cumber v....
Alsatia
Alsatia, formerly a cant name for Whitefriars, a district in London between the Thames and Fleet Street, and adjoining the Temple, which, possessing certain privileges of sanctuary, became for that reason a nest of those mischievous characters who were generally obnoxious to the law; see Scott's Fortunes of Nigel, ch. 17. These privileges were derived from its having been an establishment of the Carmelites, or White Friars, founded in 1241. In the time of the Reformation the place retained its immunities as a sanctuary, and James I. confirmed and added to them by a charter in 1608, but all privileges of sanctuary were shortly afterwards abolished in 1624 by 21 Jac. 1, c. 28....
Ancients
Ancients, gentlemen of the Inns of Court and Chancery. In Gray's Inn the Society consists of benchers, ancients, barristers, and students under the bar; and here the ancients are of the oldest barristers. In the Middle Temple, those who had passed their readings used to be termed ancients. The Inns of Chancery consisted of ancients and students or clerks; from the ancients a principal or treasurer was chosen yearly....
Bunga
Bunga, a Bunga is 'a hostel where pilgrims, coming from various parts of India, to pay a visit to the Golden Temple, stay', Shiromani Gurudwara Prabhandak Committee v. Raja Shu Ratan Dev Singh, AIR 1955 SC 576 (578)....
Claims Court of
Claims Court of. A court appointed by the sovereign before a coronation to consider and determine the rights of claimants to perform divers services to the sovereign threat (as to carry the spurs) in regard of their tenure of divers lands. See the Report of the Court before the Coronation of his late Majesty King Edward the Seventh, by G. Woods Wollaston, Principal Garter King of arms of the Inner Temple, published by Harrison & Sons in 1903 (p. 330), and note in regard to the Coronation of King George the Fifth in 1911 in Halsb. Laws of Eng. Hailsham Ed., Vol. 6, p. 403. The first Court of Claims was appointed in 1377....
Coke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
Conscience clause
Conscience clause. S. 7 of the (English) Education Act, 1870, prohibits the imposing of an obligation to attend religious worship as a condition of attending a public elementary school, and allows a child to be withdrawn while any religious instruction is being given. See now the (English) Education Act, 1921, s. 72. And see COWPER-TEMPLE CLAUSE; KENYON-SLANEY CLAUSE....
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Deputy
Deputy [fr. depute, Fr.], one who governs and acts instead of another, or who exercises an office, etc., in another man's right.By the Sheriffs Act, 1887 (see SHERIFF), every sheriff is directed to appoint a sufficient deputy having an office within a mile of the Inner Temple Hall, for the receipt of writs, etc.Judges of the Supreme Court cannot act by deputy; but County Court judges can under County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), ss. 11, 12, 15, in case of illness or unavoidable absence; and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 166, enables recorders to appoint deputies in similar cases.As to appointment of deputy to recorder, stipendiary magistrate, or clerk of the peace, in case of inability of recorder, etc., himself to appoint, see the Recorders, Stipendiary Magistrates, and Clerks of the Peace Act, 1906 (6 Edw. 7, c. 46). A deputy cannot make a deputy, 9 Rep. 49....
Education
Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education had been dealt with either as a series of individual problems in respect of which provisions were made for the education of special classes of persons, or by executive, as opposed to legislative methods, as, for example, by a system of grants in aid. This Act was followed by a series of Acts, known collectively as the Education Acts, 1870 to 1919, which together established a system of free and compulsory elementary education of a non-denominational character. The initial Act established 'school boards' with powers of building and maintaining elementary schools and of regulating the attendance of school children between the ages of 5 and 13. The El. Ed. Act, 1876, declared 'the duty of the parent of every child to cause such child to receive efficient elementary educatio...
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