Transferred Territory - Law Dictionary Search Results
Home Dictionary Name: transferred territory Page: 2Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Durham, County palatine of
Durham, County palatine of. The jurisdiction which was, for a long time, vested in the Bishop of Durham for the time being, was taken from him by 6 & 7 Wm. 4, c. 19, which is amended by 21 & 22 Vict. c. 45, and vested as a separate franchise and royalty in the Crown.As to the jurisdiction of the Durham Court of Chancery, see these Acts; appeals from the Chancellor of Durham lie to the Court of appeal [(English) Jud. Act, 1925, s. 28]; and as to the Durham Court of Pleas, see 33 Geo. 3, c. 68, and 2 & 3 Vict. c. 16, ss. 4-37, and the (English) Palatine Court of Durham Act, 1889 (52 & 53 Vict. c. 47); the Durham Court of Pleas is now abolished and its jurisdiction transferred to the High Court of Justice [(English) Jud. Act, 1873, s. 16]. See also COUNTY PALATINE.The jurisdiction of the Durham Court of Chancery within its territorial limits as coextensive and concurrent with that of the Chancery Division of the High Court; (English) Judic. Act, 1925, s. 18....
Impossibility
Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
Portiliminium
Portiliminium, denotes the doctrine under which the territory, individuals and property, after having come in time of war under the authority of the enemy, return, either during the war or at its end, under sway of their original sovereign. Their mere possession in the course of war, does not suffice generally to transfer title or sovereignty as against the enemy owner or sovereign. The rights of the owner of sovereign are merely suspended rather than destroyed by temporary loss of possession and the legal state of things existing prior to the hostile occupation is re-established, Singhal's Jurisprudence, p. 259....
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