Until Further Orders - Law Dictionary Search Results
open
open 1 : exposed to general view or knowledge : free from concealment [an , notorious, continuous, and adverse use of the property] [an and obvious danger] NOTE: When a defect, hazard, or condition is open such that a reasonable person under the circumstances should have recognized the danger posed by it, a defendant is usually relieved of liability for failure to warn. 2 : not restricted to a particular group or category of participants ;specif : enterable by a registered voter regardless of political affiliation [an primary] 3 a : being in effect or operation [an mine] [a bench warrant still ] b : available for use [an toll road] c : not finally determined, decided, or settled : subject to further consideration [an question] d : remaining effective or available for use until canceled [an insurance contract] 4 : not repressed or regulated by legal controls [a state with gambling] vb opened open·ing vt 1 : to begin the process of [ the succession] 2 a : to make the...
Animals
Animals may be divided into--(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.Dogs. As to injury by dogs and seizure of stray dogs, see DOG.Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or be...
Renewal of lease
Renewal of lease, a re-grant of an expiring lease for a further term. Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly enforced by the Court, Finch v. Underwood, (1876) 2 Ch D 310.Leases may be surrendered in order to be renewed, without a surrender of under-leases, by virtue of the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 6, before which Act a surrender of each under-lease was necessary.As to covenants for perpetual renewal, see Wynn v. Conway Corporation, (1914) 2 Ch 705, and cases there referred to.By the (English) Law of Property Act, 1922, s. 145, and 15th Sch., perpetually renewable leases have, from the 1st January, 1926, been converted into terms of 2,000 years from the date of the commen-cement of the existing term. The conversion is without prejudice to the covenants and conditions of the l...
Marriage, Promise of
Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Equitable mortgage
Equitable mortgage, a mortgage under which the mortgagee does not get the legal estate. The following mortgages are equitable:-(1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for sale or settlement which are not registrable under the (English) L.C. Act, 1925, s. 10, Class C.(2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts VII. (1), (3), and VIII. (1), (3), and see ss. 85, 86, ibid., a mortgagor retains a legal estate in fee simple or for a term of years, and the first and subsequent mortgagees out of that estate each have a legal mortgage.(3) Where mortgages created before 1925 ...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
custody
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
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