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To Be Born - Law Dictionary Search Results

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Countrywoman

A woman born or dwelling in the country as opposed to the city a woman born or dwelling in the same country with another native or inhabitant...


Bastard

A ldquonaturalrdquo child a child begotten and born out of wedlock an illegitimate child one born of an illicit union...


remainder

remainder [Anglo-French, from Old French remaindre to remain] 1 : an estate in property in favor of one other than the grantor that follows upon the natural termination of a prior intervening possessory estate (as a life estate) created at the same time and by the same instrument compare future interest at interest, reversion charitable remainder : a remainder in favor of a charity contingent remainder : a remainder that is to take effect in favor of an unidentifiable person (as one not yet born) or upon the occurrence of an uncertain event called also executory remainder cross remainder : either of two or more remainders in favor of two or more persons so that upon the termination of one remainder that share goes to the other or others executory remainder : contingent remainder in this entry remainder vested subject to open : a vested remainder that is subject to diminution by the shares of other remaindermen (as children born later) vested remainder : a remainder in the fa...


British ship

British ship, As to the qualification for owning and the obligation to register British ships, see Merchant Shipping Act,1894, ss. 1-3. The owner must be a British subject, natural born or naturalized, or a denizen q.v., or a body corporate established and subject to the laws of some part of His Majesty's dominions and having their principal place of business in those dominions but not a natural born British subject who has taken the oath of allegiance to a foreign sovereign or State or become a citizen or subject of a foreign State or been naturalized or made a denizen, unless while he is owning a British ship he has taken the oath of allegiance to the King after his disqualification and is, during his ownership, either resident in the said dominions or is partner of a firm carrying on business there....


certificate of citizenship

certificate of citizenship A document issued by the Department of Homeland Security as proof that the person is a U.S. citizen by birth (when born abroad) or derivation (not from naturalization). The Child Citizenship Act of 2001 gives American citizenship automatically to certain foreign-born children of American citizens. These children can apply for certificates of citizenship. Source: Department of State. March 2007. ...


Annuity

Annuity, in order to constitute an annuity, the payment to be made periodically should be a fixed or predetermined one, and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P. K. Banerjee, (1981) 1 SCC 63 (75): AIR 1981 SC 401. [Wealth-Tax Act, 1957, s. 2(e)(1)(iv)]It is a right to receive a specified sum and not an aliquot share in the income arising from any fund or property. Ordinarily an annuity is a money payment of a fixed sum annually made and is a charge personally on the grantor, CWT v. Arundhati Balkrishna, (1970) 1 SCC 561 (565): AIR 1971 SC 915. [Wealth Tax Act, 1957, s. 2(e)(iv)]An annuity is a fixed sum payable annually either in perpetuity or for any less period. When charged upon land either freehold or leasehold both, exclusively of purely personal estate, it is strictly a rent charge; see (English) Real Property Limitation Act, 1833 (3 & 4 Will. 4, c....


Assessors

Assessors, literally those who sit by the side of another: persons appointed to ascertain and fix the value of taxes, rates, etc. Also persons sometimes associated with judges of courts to advise and direct the decisions of such judges.By the (English) Judicature Act, 1925, s. 98, replacing the (English) Judicature Act, 1873, s. 56, the High Court or the Court of Appeal may, when it may think it expedient other than in a criminal proceeding by the Crown, call in the aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court Admiralty Jurisdiction Act, 1868, s. 14, provision is made for the appointment of assessors of 'natural skill and experience' in Admiralty actions, and such assessors frequently sit in county courts under the powers of this Act.Schedule II. of the (English) Workmen's Compensa-tion Act, 1925, gives a county court ...


Armorial bearings

Armorial bearings, a device depicted on the (now imaginary) shield of one of the nobility, of which gentry is the lowest degree. The criterion of nobility is the bearing of arms, or armorial bearings, received from ancestry. There is nothing, however, to prevent persons assuming arbitrary insignia and armorial bearings; and all persons entitled to bear arms can register their genealogies and families at the Heralds' College, Benet's Hill, London, on payment of a moderate fee, the heralds being the examiners of these matters and the recorders of genealogies. 43 Geo. 3, c. 161, imposed an assessed tax upon armorial bearings, whether borne on plate, carriages, seals, or in any other way. This Act is now replaced by the (English) Customs and Inland Revenue Act, 1869 (32 & 33 Vict. c. 14), s. 19, by which 'armorial bearings' includes any armorial bearings, crest, or ensign, by whatever name called, and whether registered in the College of Arms or not. This Act, by s. 18, fixes the tax as fo...


Antenati

Antenati, those born before a certain period, e.g., before marriage. In Scotland marriage removes the illegitimacy of antenati who inherit as heirs; but in England a child legitimated per subsequens matrimonium could not, before 1926, inherit real estate, Doe v. Vardill, (1835) 2 Cl & F 571; 7 ib. 895; but he could take as devisee under a devise to children [Re Grey's Trusts, (1892) 3 Ch 88]. See Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), and LEGITIMATION....


Actus non facit reum, nisi mens sit rea.

Actus non facit reum, nisi mens sit rea. 3 Inst. 307; Co. Litt. 247 b.--(An act does not make a man guilty, unless there be guilty intention.) This is one of the most important rules of criminal law. 'As a general rule of our law, a guilty mind is an essential ingredient of crime, and this rule ought to be borne in mind in construing all penal statutes', Broom's Leg. Max. Applied by 9 Judges to 5 in Reg. v. Tolson, (1889) 23 QBD 168, so as to acquit on trial for bigamy a woman reasonably believing her first husband (whom she had lost sight of for less than 7 years) to be dead; see the elaborate judgment of Stephen, J., pp. 184 et seq., who, however, described the maxim as most unfortunate and misleading. An intention to offend against the penal provisions of a statute constitutes mens rea (Bank of New South Wales v. Piper, 1897 AC 383).The trend of modern legislation in regard to the health or security of the public is to attach the offence to the person who possesses, at least hypothe...



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