It may be created by contract, by statute or by judgment.
Naturally, the statute of limitations has expired so he's as free as a summer breeze.
This statute was partly renewed by 22 Hen.
The statute 25 Hen.
In the years 1900 and 1902 acts were passed in Western Australia still more closely modelled on the New Zealand act than was the above-mentioned statute in New South Wales.
By a statute of 1633 landholders were enabled to have their tithes valued, and to buy them either at nine or six years' purchase, according to the nature of the property.
But though the same statute absolutely prohibited bowling alleys, Henry VIII.
The one case in which jurisdiction has been given to it by statute is to enforce forfeitures under the statute of 1538.
In regard to the execution of these promises, the jurisdiction of the ecclesiastical courts was possibly traversed by c. 15 of the Constitutions of Clarendon; but allowed by the statute 13 Edw.
The statute of 1685, conferring on landlords a power to entail their estates, was indeed of a very different tendency in regard to its effects on agriculture.
It was discovered, however, that no statute had ever been passed to carry this provision into effect, and the votes were rejected.
But this concession was illusory, and as the statute prevented Jews from engaging in finance - the only occupation which had been open to them - it was a prelude to their expulsion in 1290.
The sizes of copper wire employed have weights of too, 150, 200 and 400 lb per statute mile, and have electrical resistances (at 60° F.) of 8.782, 5.8 55, 4.39 1 and 2.195 standard ohms respectively.
c. i (still on the statute book; Stephen, Hist.
The statute 4 Hen.
The statute, however, would not seem to have had much effect; for in spite of a proclamation of Queen Elizabeth in 1560 imposing a fine of £ 20 for each offence on butchers slaughtering animals during Lent, in 1563 Sir William Cecil, in Notes upon an Act for the Increase of the Navy, says that "in old times no flesh at all was eaten on fish days; even the king himself could not have license; which was occasion of eating so much fish as now is eaten in flesh upon fish days."
The Elkins Act of 1903 was incorporated in the statute, and an imprisonment penalty was added to the existing fine.
The persecution of the Lollards, which began with the burning statute of 1401, may be accounted for by Henry's own orthodoxy, or by the influence of Archbishop Arundel, his one faithful friend.
Gutta-percha-covered copper wires were formerly largely used for the purpose of underground lines, the copper conductor weighing 40 lb per statute mile, and the gutta-percha covering 50 lb (90 lb total).
In the middle ages, meat, eggs and milk were forbidden in Lent not only by ecclesiastical but by statute law; and this rule was enforced until the reign of William III.
There is also a provision that only three-fourths of the jurors may be required to agree to a verdict in civil cases, although the legislature has the power to require by statute a unanimous agreement.
It has been held that a person offending under the statute is also indictable at common law (Rex v.
The axis of this band, almost a meridian line, is 156 statute miles long.
She urged that both should be brought to trial under the new statute of succession passed in 1 534, which declared her own children the lawful heirs to the throne.
This law remained on the statute books until 1898, when it was formally repealed.
Carlisle, 1819, where Mr Justice Best remarks, "In the age of toleration, when that statute passed, neither churchmen nor sectarians wished to protect in their infidelity those who disbelieved the Holy Scriptures").
The word "bowls" occurs for the first time in the statute of 1511 in which Henry VIII.
To meet this situation, the Statute of Labourers 1351) enacted that no man should refuse to work at the same rate of wages as prevailed before the plague.
Where in some towns," says the statute 4th Henry VII.
The Light Railways Act and the Locomotives on Highways Act were added to the statute book in 1896, and various clauses in the Finance Act effected reforms in respect of the death duties, the land-tax, farmers' income-tax and the beer duty.
84, 8.88 and 6.66 standard ohms per statute mile respectively.
Between London and Birmingham a paper cable 116 m long and consisting of 72 copper conductors, each weighing 150 lb per statute mile, was laid in 1900.
Not the least valuable of the gifts of the " tsar emancipator," Alexander II., to Russia was the judicial System system established by the statute (Sudebni Ustav) of the 10th of November 1864.
The statute is aimed at appeals; but the words used in it concerning " citations and all other processes " are wide enough to take away also the " original " jurisdiction of the pope.
7), Yahweh made for Israel "statute and judgment" and "proved them."
At the end of the 12th century was established the " exchequer of the Jews," which chiefly dealt with suits concerning money-lending, and arranged a " continual flow of money from the Jews to the royal treasury," and a so-called " parliament of the Jews " was summoned in 1241; in 1275 was enacted the statute de Judaismo which, among other things, permitted the Jews to hold land.
The statute De haeretico comburendo had just been introduced for the purpose of stamping out heresy, but it had not become law when Sawtrey was summoned to St Paul's and was charged with denying transubstantiation, with refusing to adore the cross except as a symbol, and with six other heresies.
II., appeals to Rome and original trials by papal delegates did go on, perhaps with the king's licence; for the statute 24 Hen.
As the main object of the act is to obtain records of prices, it follows that only in so far as statements of the prices realized, together with the description of the animals involved, are obtained, is the full advantage of the statute secured.
The only element of real strength that the statute acquired during the first twenty years of its history came from the Elkins Act of 1903, which stipulated that the published rate should be the legal rate, and declared any departure from the published rate to be a misdemeanour.
Mississippi has taken a leading part in the movement to bring about the removal of the common law disabilities of married women, the first statute for that purpose having been passed in 1839.
An act of 1812-1813 excepts from these enactments "persons denying as therein mentioned respecting the Holy Trinity," but otherwise the common and the statute law on the subject remain as stated.
This is also the length of $th of the statute mile.
The Statute of Appeals (24 Hen.
A mean degree of the meridian being assumed to be 69-09 statute miles of 5280 ft., the nautical mile (A l b - degree) is taken as 6080 ft., which is a sufficiently close approximation for practical purposes, and the distances between the knots are made to bear the same relation to 6080 ft.
While failing to correct all the defects in the original statute, the amended law was a decided step in the direction of efficient regulation.
From that time certainly equity, like common law, has professed to take its principles wholly from recorded decisions and statute law.
Debts do not, as a general rule, carry interest, but such an obligation may arise either by agreement or by mercantile usage or by statute.
Since 1909 the sale of intoxicating liquors has been prohibited by statute.
We shall best illustrate the character and method of economic reasoning by examples, and for that purpose let us take first of An all a purely historical problem, namely, the effect on of the wage-earners of the wages clauses of the Statute of Apprenticeship (1563).
We can show, for example: (1) that the Statute of Apprenticeship did not stand alone; it was one of a long series of similar measures, beginning more than two centuries before, which in their turn join on to the municipal and gild regulations of the middle ages; one of an important group of statutes, more or less closely interwoven throughout their history, administered by local authorities whose functions had grown largely in connexion with this legislation and the gradual differentiation of the trades and callings to which it related.
some of them coming under the Statute of Apprenticeship, others not.
The familiar, who is sometimes replaced by the devil, commonly figured in witchcraft trials; and a statute of James I.
But under the Statute of Frauds (1677), ss., 1, 2) leases, except those the term of which does not exceed three years, and in which the reserved rent is equal to two-thirds at least of the improved value of the premises, were required to be in writing signed by the parties or their lawfully authorized agents; and, under the Real Property Act 1845, a lease required by law to be in writing is void unless made by deed.
The Statute of Frauds also prohibits an action from being brought upon any agreement for a lease, for any term, unless such agreement is in writing and signed by the party to be charged therewith or by some agent lawfully authorized by him.
where a person enters and pays rent under a lease for years, void either by law or by statute, or without any actual lease or agreement, or holds over after the determination of a lease whether for years or otherwise.
The Distress for Rent Act 1737, however, enables a landlord to recover double rent from a tenant who holds over after having himself given notice to quit; while another statute in the reign of George II.
But the assignees of both parties were placed on the same footing by a statute of Henry Viii.
Special powers of granting leases are conferred by statute on trustees.
- Under these leases, the term of which is usually 99 and sometimes 999 years, the tenant is to a certain extent in the position of a fee simple proprietor, except that his right is terminable, and that he can only exercise such rights of ownership as are conferred on him either by statute or by the terms of his lease.
Extensive powers of entering into such leases have been given by statute to trustees subject to the authority of the Court (Trusts [Scotland] Act 1867, s.
Irish Law: Kelly's Statute Law of Landlord and Tenant in Ireland (Dublin, 1898); Barton and Cherry's Land Act 1896 (Dublin, 1896); Quill, Hamilton and Longworth, Irish Land Acts of 1903 and 1904 (Dublin, 1904).
assistants, a secretary and a constable were chosen as the civil officers; annual elections and an annual session of the General Court in the last week of October were agreed upon; English statute and common law were expressly excluded; and the "worde of God was adopted as the onely rule to be attended unto in ordering the affayres of government in this plantation."
The interruption of preachers when celebrating divine service rendered the offender liable to three months' imprisonment under a statute of the first year of Mary, but Friends generally waited to speak till the service was over.'
The Lord's Day Act 1656 also enacted penalties against any one disturbing the service, but apart from statute many Friends were imprisoned for open contempt of ministers and magistrates.
Every seignory now existing must have been created before the Statute of Quia Emptores (1290), which forbade the future creation of estates in fee-simple by subinfeudation.
The common law (with which the canon law is incorporated, as far as it is not contrary to the common or statute law or the prerogative of the crown) has been considerably modified by statute.
Where no statute applies to the case, the doctrines of the canon law may still be of authority.
In the first statute passed for improving the navigation of the river near Oxford (21 Jac. I.) it is called the river of Thames, and it was only in a statute of George II.
Edward III., by the Statute Staple of 1353, declared Carmarthen the sole staple for Wales, ordering that every bale of Welsh wool should be sealed or "cocketed" here before it left the Principality.
By a statute in 1860 the Hulsean professorship of divinity was substituted for the office of Christian advocate, and the lectureship was considerably modified.
The Roman-Dutch law, as accepted and administered by the courts of Cape Colony up to 1845 (the date of the separation of Natal from the Cape), is the law of the land, save as modified by ordinances and laws enacted by the local legislature, mostly founded upon imperial statute law.
Subsequently this privilege was apparently erected into a statute, but how far it was acted upon we know not.
Her reforms were made not by statute, but by royal decree.
and Sigismond; by a statute of the 1437.
The discontent of the rural labourers and of the poorer class of craftsmen in the towns, caused by the economic distress that followed the Black Death and the enactment of the Statute of Labourers in 1351, was brought to a head by the imposition of a poll tax in 1379 and again in 1381, and at the end of May in the latter year riots broke out at Brentwood in Essex; on the 4th of June similar violence occurred at Dartford; and on the 6th a mob several thousands strong seized the castle of Rochester and marched up the Medway to Maidstone.
A pleasure fair, called the Statute Fair, takes place shortly before Michaelmas.
Queen Mary by statute (1 Mary, sess.
Cooley's treatise on the American Law of Torts states that "the custom of the country, in some states enacted into statute law, requires that when teams approach and are about to pass on the highway, each shall keep to the right of the centre of the travelled portion of the road."
But in a statute punishing with death robbery on the highway, railways were held not to be included in the term.
We find roughly 419 paragraphs devoted to criminal law and 1 The Judicia civitatis Lundoniae are a gild statute confirmed by King Ã†thelstan.
In addition to this "statute" or "imperial acre," other "acres" are still, though rarely, used in Scotland, Ireland, Wales and certain English counties.
A statute of 1553 made the breaking or defacing of an altar, crucifix or cross in any church, chapel or churchyard punishable with three months' imprisonment on conviction before two justices, the imprisonment to be continued unless the offender entered into surety for good behaviour at quarter sessions.
The craft fraternities were not suppressed by the statute of 1 547 (1 Edward VI.).
Edward VI.'s statute marks no break of continuity in the life of the craft organizations.
C. 2, § 2, this statute seems to have been frequently evaded by a non obstante clause.
But, since by the Bill of Rights no dispensation by non obstante is allowed, general words contrary to the statute of Richard II.
A large number of penal statutes were enacted in the following reigns, and the statute I Eliz.
The j udicial committee held that the rights of the parishioners are expressly defined in the statute of I Edw.
The right of every layman to the offices of the church is established by statute without reference to opinions, and it is not possible to say what opinions, if any, would operate to disqualify him.
The statute 13 Eliz.
Petersburg; Catholic and Uniate Church property sequestrated from 1836 onwards; the Lithuanian Statute, which had remained the law of the land through four centuries of union with Poland, replaced by the Russian code in 1840, while prominent natives, debarred from public service in their own country, were forced to emigrate or exiled to Siberia.
The Tsar's Government under the electoral statute of 1905 granted the four-class franchise (landowners, peasants, townsmen and workmen) in such wise as to favour the rural population.
S netona President of the State, and composed the statute for the election of the Constituent Assembly by universal, equal, direct and secret franchise according to a proportional system based on d'Hondt's distributive principle which contains elaborate safeguards against the tyranny of the majority.
Under this statute the archbishop continues to grant special licences to marry, which are valid in both provinces; he appoints notaries public, who may practise in both provinces; and he grants dispensations to clerks to hold more than one benefice, subject to certain restrictions which have been imposed by later statutes.
canon law as confirmed or modified by statute since the Reformation.
He is ex officio an ecclesiastical commissioner for England, and has by statute the right of nominating one of the salaried ecclesiastical commissioners.
held his last parliament here, at which the Statute of Marlborough was passed.
The danger was felt by the university of Cambridge, which in 1674 passed a statute forbidding its preachers to read their sermons.
distinguished for his wisdom and justice, and in 1430 he promulgated a general statute of laws for the whole duchy, in spite of the opposition of the nobles and cities whose privileges were thereby curtailed.
The Statute of the Six Articles (' 1 539), " the whip with six strings," was the outcome of the retrograde policy which distinguished the latter years of Henry VIII.
To remedy the evil, Casimir drew up and promulgated the severe statute of Great Poland, which went to the very root of the matter and greatly strengthened the hands of the king's justices.
In 1539 Alesius was compelled to flee for the second time to Germany, in consequence of the enactment of the statute of the Six Articles.
The principal provisions of the Napoleonic Code and some English enactments have been copied in a series of ordinances forming the Statute Law.
Desperate, but not very successful, efforts were made to enforce the statute of Labourers, of 1351, by which it was sought to maintain prices and wages as they had been before the pestilence.
Dispensations, however, could be easily obtained from Rome, before the reformation of the Church of England, to enable a clerk to hold several ecclesiastical dignities or benefices at the same time, and by the Peterpence, Dispensations, &c. Act 1534, the power to grant such dispensations, which had been exercised previously by the court of Rome, was transferred to the archbishop of Canterbury, certain ecclesiastical persons having been declared by a previous statute (1529) to be entitled to such dispensations.
The evils attendant on this system were found to be so great that the Pluralities Act 1838 was passed to abridge the holding of benefices in plurality, and it was enacted that no person should hold under any circumstances more than two benefices, and this privilege was made subject to the restriction that his benefices were within ten statute miles of each other.
By this statute the term benefice is defined to mean benefice with cure of souls and no other, and therein to comprehend all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapelries and chapelries or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or chapel.
(16.6 C.); a reason for this is that the gallon of water is defined by statute as weighing Io lb at 62° F., and hence the densities so expressed admit of the ready conversion of volumes to weights.
Legislative divorces are forbidden by the constitution, and a statute of 1901 subjects wife-beaters to corporal punishment.
Although punishment by whipping and by standing in the pillory was prohibited by an act of Congress in 1839, in so far as the Federal government had jurisdiction, both these forms of punishment were retained in Delaware, and standing in the pillory was prescribed by statute as a punishment for a number of offences, including various kinds of larceny and forgery, highway robbery, and even pretending " to exercise the art of witchcraft, fortune-telling or dealing with spirits," at least until 1893.
The employment of children under fourteen years of age in factories is forbidden by statute.
Again in 1880 the circuit court, by virtue of the Federal statute of 1872 on elections, appointed supervisors of elections in Delaware.
statute miles); and thus if we accept Bessel's figure of 509,950,000 sq.
Indeed, there still existed on the statute a provision that "Masters and Bachelors who did not follow Aristotle faithfully were liable to a fine of five shillings for every point of divergence, and for every fault committed against the logic of the Organon."
In that manner his influence, as represented by the text of many a statute regulating the relations between Austria and Hungary, is one of an abiding character.
A statute of 1899, authorized by a constitutional amendment of 1897, instituted a system of pensions for Confederate veterans.
The victory of the Radicals resulted in the establishment of a railway rate commission, based upon a constitutional amendment of 1890 and a statute of 1891, the passage of an alien land law in 1891, which was declared unconstitutional and amended in 1892, the adoption of the Australiaw ballot system for cities and towns of more than io,000 inhabitants (1892), the retirement of Roger Q.
The statute 5 Eliz.
About the same time parliament passed an interesting and important statute, forbidding, unless the king should wish to suspend the operation of the law, the payment to the pope of the annates.
These parliament enacted into the terrible statute of " The Six Articles," in which a felon's death was prescribed for those who obstinately denied transubstantiation, demanded the communion under both kinds, questioned the binding character of vows of chastity, or the lawfulness of private Masses or the expediency of auricular confession.
It has been amended with considerable freedom (37 amendments up to 1907), but with more conservatism than has often prevailed in the constitutional reform of other states; so that the constitution of Massachusetts is not so completely in harmony with modern democratic sentiment as are the public opinion and statute law of the state.
In the same period the mediation of the Board settled disputes affecting 5560 establishments; and in the latter half of this period labour disputes involving hostilities and of the magnitude contemplatedby the statute governing the Board of Conciliation and Arbitration had almost disappeared.
In November 824 he promulgated a statute concerning the relations of pope and emperor which reserved the supreme power to the secular potentate, and he afterwards issued various ordinances for the good government of Italy.
At a later period appointment by statute was the universal form.
The earliest regency in England resting upon an express statute was that created by 28 Hen.
Lothair, however, came to Rome in person, and took advantage of this opportunity to redress many abuses in the papal administration, to vest the election of the pope in the nobles, and to confirm the statute that no pope should be consecrated until his election had the approval of the emperor.
The Statute of Uses (1535), by converting the bargainee's interest into a legal estate, had an effect contrary to the intention of its framers.
To remedy this defect, a statute (called the Statute of Enrolments) was passed in the same year, which provided that every conveyance by bargain and sale of freehold lands should be enrolled in a court of record or with the custos rotulorum of the county within six months of its date.
The Statute of Enrolments applied only to estates of inheritance or for life, so that a bargain and sale of an estate for years might be made without enrolment.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
A city of the first class is permitted to frame its own charter, but its general powers are prescribed by statute.
This statute is an express code as to proceedings in all arbitration,.
The statute subdivides its subject-matter into two headings.
c. 15 provided that the submission might be made a rule of court, a provision which gave the court power to assist the parties in the trial of the case, and to enforce the award of the arbitrators; (d) the statute 3 and 4 Will.
Irish statute law, like that of England and Scotland, contains numerous provisions for arbitration under special enactments.
7 of this last statute excludes from submission to arbitration criminal cases, so far as prosecution and punishment are concerned, and, without the special leave of the court, matters relating to status, matrimonial causes, and matters affecting minors or other perons under legal disability; Trinidad and Tobago, No.
==United States== The common law and statute law of the United States as to arbitration bear a general resemblance to the law of England.
He was a disciple of Lueger, a Christian Socialist, and framed a new municipal statute and associations based on the Christian view of society.
Under the Dawes Allotment Act of February 1887, and a special statute of March 1889, an agreement was made with some Indians, and about 11,000,000 acres, or about half of the reserve, was thrown open to settlement on the 10th of February 1890.
A statute of Richard III.
Valuable timber was afforded by the vast forest of the Weald, but the restrictions imposed on the felling of wood for fuel did serious detriment to the iron-trade, and after the statute of 1558 forbidding the felling of timber for iron-smelting within fourteen miles of the coast the industry steadily declined.
The statute of 1630 forbidding the exportation of wool, followed by the Plague of 1665, led to a serious trade depression, while the former enactment resulted in the vast smuggling trade which spread along the coast, 40,000 packs of wool being smuggled to Calais from Kent and Sussex in two years.
The Regulations substituted statute law for administrative and military despotism, and made the governorgeneral in council responsible to the minister of the colonies at the Hague.
This is the first existence of the mischievous principle de prestanda obedientia, subsequently elevated into a statute.
Thus one statute permitted the szlachta henceforth to export and import goods duty free, to the great detriment of the towns and the treasury.
Another statute prohibited the burgesses from holding landed property and enjoying the privileges attaching thereto.
A third statute disqualified plebeians from being elected to canonries or bishoprics.
During Sigismund's reign, moreover, the Crown recovered many of the prerogatives of which it had been deprived during the reign of his feeble predecessor, Alexander, who, to say nothing of the curtailments of the prerogative, had been forced to accept the statute nihil novi (1505) which gave the sejm and the senate an equal voice with the Crown in all executive matters.
He himself was an alchemist; and believing the transmutation of metals to be a possibility, he carried out experiments in the hope of effecting it; and he was instrumental in obtaining the repeal, in 1689, of the statute of Henry IV.
In the patronage of learning and in the exercise of authority over the morals and education of youth Laud was in his proper sphere, many valuable reforms at Oxford being due to his activity, including the codification of the statutes, the statute by which public examinations were rendered obligatory for university degrees, and the ordinance for the election of proctors, the revival of the college system, of moral and religious discipline and order, and of academic dress.
Meanwhile, at Oxford a proposal practically making Greek optional with all undergraduates was rejected, in November 1902, by 189 votes to 166; a preliminary proposal permitting students of mathematics or natural science to offer one or more modern languages in lieu of Greek was passed by 164 to 162 in February 1904, but on the 29th of November the draft of a statute to this effect was thrown out by 200 to 164.
Under the royal government the Church of England was established, the people acquired a strong control of their branch of the legislature and they were governed more by statute law and less by executive ordinance.
was empowered by statute to make.
It was provided by statute that before June 1910, there should have been established in each county of the state at least one County High School to which all common school graduates of the count y should be admitted without charge.
had already in 1538 refused to adopt Lutheran theology, and the statute of Six Articles (1539), followed by the king's disgust with Anne of Cleves (1540), brought the agents of that policy to ruin.
It was therefore equal to 79,200 in., and divided decimally into 10 furlongs 100 chains, or 1000 fathoms. For the existence of this fathom (half the Belgic pertica) we have the proof of its half, or yard, needing to be suppressed by statute (9) in 1439, as "the yard and full hand," or about 40 in., -- evidently the yard of the most usual old English foot of 13.22, which would be 39.66.
The "old London mile" was 5000 ft., and probably this was the mile which was modified to 5280 ft., or 8 furlongs, and so became the British statute mile.
In 1802 Napoleon contented himself by embodying Bossuet's declaration textually in a statute.
It was endowed by Dr Francis Andrews, provost of Trinity College, was erected in 1785, and in 1791 was placed by statute under the management of the royal astronomer of Ireland, whose official residence is here.
By a statute of 1535 Brecon was made the county town of the new shire of Brecknock, and was granted the right of electing one burgess to represent it in parliament, a right which it retained till it was merged in the county representation in 1885.
It was usual to evidence the feoffment by writing in a charter or deed of feoffment; but writing was not essential until the Statute of Frauds; now, by the Real Property Act 1845, a conveyance of real property is void unless evidenced by deed, and thus feoffments have been rendered unnecessary and superfluous.
The existing legal system of all the states, except Louisiana, whose law is based on the Roman, have been built upon the foundation of the principles contained in the common and statute law of England as that law stood in 1776, when the thirteen colonies declared their independence.
It is also the duty of the state court to declare any state law invalid if it is contrary to the Federal constitution or to a Federal statute or treaty.
The basis for the government of each American city is still a charter, but since the Revolution these charters have been granted by the state legislatures, and are subject to constant change by statute.
A tariff commission was, however, created by statute in 1909, the reports of which may have some influence on the framing of tariffs in future.
The Judiciary Act of 1789 (as amended by subsequent legislation) provides for the appeal to the Supreme Court of the United States of a final judgment or decree in any suit rendered in the highest court of a state in which a decision in the suit could be had where is drawn in question the validity of a treaty or statute for an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of their validity; or where any title, right, privilege or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under the United States, and the decision is against the title, right, privilege or immunity specially set up or claimed by either party under the Constitution, treaty, statute, commission or authority.
Now, the functions of judicial tribunals of all courts alike, whether Federal or state, whether superior or inferioris to interpret the law, and if any tribunal finds a congressional statute or state statute inconsistent with the Constitution, the tribunal is obliged to hold such statute invalid.
In 1845, however, a statute based on the recommendations of a select committee, appointed in the preceding year, was passed; the object being to diminish the bulk of the special acts, and to introduce uniformity into private bill legislation by classifying the common form clauses, embodying them in general statutes, and facilitating their incorporation into the special statutes by reference.
The statute by which this change was initiated was the Lands Clauses Consolidation Act 1845; and the policy has been continued by a series of later statutes which, together with the act of 1845, are now grouped under the generic title of the Lands Clauses Acts.
If, however, there is any special custom of the place, the custom prevails, and the most common custom is for the minister to appoint one, and the parishioners another, and this has been established by English statute, in the case of new parishes, by the Church Building and New Parishes Acts 1818-1884.
This birthday of the Dominion has been fixed by statute as a public holiday, and is annually observed under the name of " Dominion Day."
Sericulture was enjoined under penalties by statute; it was encouraged by bounties and rewards; and its prosecution was stimulated by learned essays and rhapsodical rhymes, of which this is a sample: " Where Wormes and Food doe naturally abound A gallant Silken Trade must there be found.
The earlier ones in some cases prohibited the lending of money on usury at all, as in a statute of Jewry of the reign of Edward I.; but the later statutes were chiefly confined to limiting the rate of interest.
For American law relating to Usury, see Stimson's American Statute Law, and the statutes of the various states.
A statute fair, for long a hiring fair, originated in 1803.
Three of the four judges allowed the defence of the cardinal to be valid; but it was held that the papal rescript upon which he relied for his extraordinary powers as delegate was illegal under statute; and the lord chief justice decided that the plaintiff could not renounce his natural and civil liberty.
The apparent object of the measure was to deprive the people of Pittsburg temporarily of the privileges of self-government by empowering the governor to appoint a recorder (in 1903 the title of mayor was again assumed) to exercise (until 1903, when the municipal executive should be again chosen by the people) the functions of the mayor, thus removed by the governor under this statute; and this act applied to the other cities of the second class, Allegheny and Scranton, although they had not offended the party managers.
led ultimately to the passage of a statute in 1818 for the establishment of the Western Penitentiary at Allegheny (opened 1826) and another of 1821 for the establishment of the Eastern Penitentiary in Philadelphia (opened 1829).
The compromise with the surviving rebels was arranged by his son in concert with Richard of Cornwall and the legate Ottobuono; the statute of Marlborough (1267), which purchased a lasting peace by judicious concessions, was similarly arranged between Edward and the earl of Gloucester.
STATUTE OF KILKENNY, the name given to a body of laws promulgated in 1366 with the object of strengthening the English authority in Ireland.
In their efforts to cope with the prevailing disorder Lionel and his advisers summoned a parliament to meet at Kilkenny early in 1366 and here the statute of Kilkenny was passed into law.
This statute was written in Norman-French, and nineteen of its clauses are merely repetitions of some ordinances which had been drawn up at Kilkenny fifteen years earlier.
The statute also contained clauses for compelling the English settlers to keep the laws.
The statute, although marking an interesting stage in the history of Ireland, had very little practical effect.
In 1703 it was revived by Queen Anne, when it was ordained to consist of the sovereign and 12 knights companions, the number being increased to 16 by statute in 1827.
By statute of 1832 the lord high commissioner of the Ionian Islands was to be the grand master, and the order was directed to consist of 15 knights grand crosses, 20 knights commanders and 25 cavaliers or companions.
The Order of the Annunziata, the highest order of knighthood of the Italian kingdom, was instituted in 1362 by Amadeus VI., count of Savoy, as the Order of the Collare or Collar, from the silver collar made up of love-knots and roses, which was its badge, in honour of the fifteen joys of the Virgin; hence the number of the knights was restricted to fifteen, the fifteen chaplains recited fifteen masses each day, and the clauses of the original statute of the order were fifteen (Amadeus VIII.
His son and successor, Emmanuel Philibert, made further modifications in the statute and the costume.
STATUTES OF WESTMINSTER, two English statutes passed during the reign of Edward I, Parliament having met at Westminster on the 22nd of April 1275, its main work was the consideration of the statute of Westminster I.
The inquest system of Henry II., the law of wreck, and the institution of coroners, measures of Richard and his ministers, come under review as well as the Provisions of Oxford and the Statute of Marlborough."
The second statute of Westminster was passed in the parliament of 1285.
Like the first statute it is a code in itself, and contains the famous clause De donis conditionalibus, " one of the fundamental institutes of the medieval land law of England."
Stubbs says of it: "The law of dower, of advowson, of appeal for felonies, is largely amended; the institution of justices of assize is remodelled, and the abuses of manorial jurisdiction repressed; the statute De religiosis, the statutes of Merton and Gloucester, are amended and re-enacted.
The statute Quia Emptores of 1290 is sometimes called the statute of Westminster III.
Capital punishment is retained on the statute, but is never enforced, the prisoner on whom sentence of death is passed in due form in open court being relegated to imprisonment for life in solitary confinement and perpetual silence.
Through Whitgift's vigilance the printers of the tracts were, however, discovered and punished; and in order more effectually to check the publication of such opinions he got a law passed in 1593 making Puritanism an offence against the statute law.
The provisions of this statute were re-enacted in 1828.
316), nor is she guilty of any crime unless by statute as in New York (Penal Code, ï¿½ 295) and California (Penal Code, ï¿½ 275) and Connecticut (Gen.
The tithes of tithable cattle pasturing in any waste or common ground, whereof the parish is not certainly known, were made payable to the parson of the parish where the cattle dwell by a statute of Edward VI.
A custom by the religious to obtain exemption for lands let to their tenants by means of bulls from the pope was put an end to by a statute of Henry IV.
Except, however, where made under parliamentary authority, no composition for tithes, although made between the landowner and the parson or vicar with the consent of the patron and ordinary, bound a succeeding incumbent, the statute 13 Eliz.
Personal tithes, if not commuted or otherwise still payable, are regulated by a statute of Edward VI., which (except in the case of fishing and tithes for houses in cities and towns, which may be due by custom) restricted them to such persons exercising merchandises, bargaining and selling clothing, handicraft or other art or faculty in such places as had for forty years previously so used to do.
Provision was made by statute after the fire of London for certain annual tithes to be paid in parishes whose churches had been destroyed, and there have been local acts from time to time with regard to particular parishes therein.
By virtue of Poyning's Act, a celebrated statute of Henry VII., all proposed Irish legislation had to be submitted to the English privy council for its approval under the great seal of England before being passed by the Irish parliament.
He also had a new code of laws compiled (issued in 1346) in addition to the statute of Jacopo Tiepolo.
Municipal corporations or other local government bodies have no express power to expel a member, except in such cases where the law declares the member to have vacated his seat, or where power is given by statute to declare the member's seat vacant.
In the very exceptional cases in which it was retained in the statute book, expulsion was considered to have fallen into desuetude, but it has been revived by the Aliens Act of 1905 (5 Edw.
In virtue of the new bank statute of the year 1899 the bank is a joint-stock company, with a stock of £8,780,000.
L.), which is equal to 1.363 statute acres.
1 These statute law commissioners, as one may call them, set to work forthwith, and completed their task in fourteen months, distributing the constitutions which they placed in the new collection into ten books, in general conformity with the order of the Perpetual Edict as settled by Salvius Julianus and enacted by Hadrian.
By this means the bulk of the statute law was immensely reduced, its obscurities and internal discrepancies in great measure removed, its provisions adapted, by the abrogation of what was obsolete, to the circumstances of Justinian's own time.
This Codex constitutionum was formally promulgated and enacted as one great consolidating statute in 529, all imperial ordinances not included in it being repealed at one stroke.
The commissioners, who had for greater despatch divided themselves into several committees, presented their selection of extracts to the emperor in 533, and he published it as an imperial statute on December 16th of that year, with two prefatory constitutions (those known as Omnem reipublicae and Dedit nobis).
It was published as a statute with full legal validity shortly before the Digest.
It was therefore natural that the idea should present itself of revising the Codex, so as to introduce these changes into it, for by so doing, not only would it be simplified, but the one volume would again be made to contain the whole statute law, whereas now it was necessary to read along with it the ordinances issued since its publication.
And he made not one set of such extracts but two, one for the jurist law, the other for the statute law.
Under the old Internment Statute of 1789, the Attorney-General was authorized by the President to intern dangerous enemy aliens and by an Act of Congress the Alien Property Custodian assumed charge of enemy aliens' property.
The latter, a loosely drawn statute based on an Act of the state of Montana, sought to suppress all utterances of a disloyal character.
The meaning of this statute was not interpreted by the Supreme Court until 1919, after the fighting was over.
The king declared him loyal, and a statute was passed freeing him from any penalties which he might have incurred under the Statute of Provisors or in other ways.
Brycheiniog was then converted into a lordship marcher and passed to the Fitzwalter, de Breos, the Bohun and the Stafford families in succession, remaining unaffected by the Statute of Rhuddlan (1282), as it formed part of the marches, and not of the principality of Wales.
The law in regard to images, which in this connexion include pictures and stained-glass windows, but not sculptured effigies on monuments or merely ornamental work, is contained in various judicial decisions, and is not defined by statute.
By the statute of Six Articles (1539) he took his stand on Catholic doctrine; and when the Lutherans had rejected his alliance, and Cromwell's nominee, Anne of Cleves, had proved both distasteful on personal grounds and unnecessary because Charles and Francis were not really projecting a Catholic crusade against England, Anne was divorced and Cromwell beheaded.
These provisions had reference chiefly to what afterwards came to be known as " statute labour roads," intended primarily to supply a means of communication within the several parishes.
By separate local acts the " statute labour " was in many cases replaced by a payment called " conversion money," and the General Roads Act of 1845 made the alteration universal.
Mary of Guise issued proclamations against preachers and churchwreckers, backed by a statute of March 1559.
The preachers could get the statute passed, but the sense of the laity prevented the death penalty from being inflicted, except, as far as we know, in one or two instances.
The necessity of carrying on the government of the country somehow or other had been the chief motive of his adherence to Cromwell rather than any sympathy for a republic or a military dictatorship, and his advice to Cromwell to accept the title of king was doubtless tendered with the object of giving the administration greater stability and of protecting its adherents under the Statute of Henry VII.
An anti-trust law of 1893 exempted from the definition of trust combinations those formed by producers of agricultural products and live stock, but the Un tied States Supreme Court in 1902 declared the statute unconstitutional as class legislation.
The employment of children under 14 years of age in factories or mines, and working employees under 16 years of age for more than 60 hours a week, are forbidden by statute.
From 1897 to 1903 the efforts of the Street Railway Companies of Chicago to extend their franchise, and of the city of Chicago to secure municipal control of its street railway system, resulted in the statute of 1903, which provided for municipal ownership. But the proposed issue under this law of bonds with which Chicago was to purchase or construct railways would have increased the city's bonded indebtedness beyond its constitutional limit, and was therefore declared unconstitutional in April 1907 by the supreme court of the state.
But in 1539 he took part in the enactment of the severe statute of the Six Articles, which led to the resignation of Bishops Latimer and Shaxton and the persecution of the Protestant party.
The studies fell in the 18th century into an " abject state," from which they were first raised by a statute passed in 1800 (Report of Oxford University Commission of 1850-1852, p. 60 et seq.), under which distinctions were first allotted to the ablest candidates for the bachelor's degree.
1881, and at Oxford women were admitted to examinations for honours by statute of 29th April 1884.
After the decay of Richborough harbour the passage from Dover to Whitsand, and later to Calais, became the accustomed route to France, and by a statute of 1465 no one might ship for Calais except at Dover.
When a statute directs any act to be done within so many days, these words mean clear days, i.e.
a number of perfect intervening days, not counting the terminal days: if the statute says nothing about Sunday, the days mentioned mean consecutive days and include Sundays.
A "day's work" is by statute in New York fixed at eight hours for all employees except farm and domestic servants, and for employees on railroads at ten hours (Laws 1897, ch.
He died on the 4th of July 1826, the fiftieth anniversary of the Declaration of Independence, on the same day as John Adams. He chose for his tomb the epitaph: "Here was buried Thomas Jefferson, author of the Declaration of American Independence, of the statute of Virginia for religious freedom, and father of the university of Virginia."
Nearly all the higher appointments, administrative and judicial, are appropriated by statute to this service, with xlv.
A judgment of the supreme court of the Philippines which affects any statute, treaty, title, right or privilege of the United States may be reversed, modified or affirmed by the Supreme Court of the United States; an appeal to the Supreme Court of the United States may also be had in any cause in which the value in controversy exceeds $25,000.
The only privileged class of tenants are those possessing " occupancy " rights, as defined by statute.
But this scheme was never fully carried out, and in 1835 another statute authorized the appointment of a lieutenant-governor for the North-Western Provinces, as they were then styled.
Leiberg, " Forest Conditions in the Northern Sierra Nevada " (1902); California Board of Forestry, Reports (1885-); semi-revolutionary rulers of 1831-1832 and 1836 (Alvarado), whose title rested on revolution, or on local choice under a national statute regarding gubernatorial vacancies.
By the introduction of a system of statute law, modelled to some extent on that of England, and by the additional importance assigned to parliament, the leaven was prepared which was to work towards the destruction of the indefinite authority of the king and of the unbridled licence of the nobles.
A law enacted in 1910 provides a fund for special aid from the state to rural graded schools with at least two rooms. With state aid normal training departments are maintained in several of the high schools in counties which adopt the provisions of the statute.
The earliest of these which is still law is the Statute of Provisors of 1351 (25 Edw.
The disability in the case of the lord chancellor of Ireland was removed by statute in 2867, with necessary limitations as to ecclesiastical patronage.
- Gifts to superstitious uses are void both at common law and by statute.
In November 1839 was proclaimed an edict, known as the Hatt-i-sherif of Gulhane, consolidating and enforcing these reforms, which was supplemented at the close of the Crimean war by a similar statute issued in February 1856.
Effect was given to this; and in April 1690 the act was passed on which the establishment of the Church of Scotland rests, the Westminster Confession being recognized, the laws in favour of Episcopacy repealed, though the Rescissory Act remained on the statute book, and the assembly appointed to meet.
The Professional works include the Reading on the Statute of Uses, the Maxims of Law and the treatise (possibly spurious) on the Use of the Law.
By the Statute, or rather Ordinance of Rhuddlan, promulgated in 1284, many important changes were effected in the civil administration of Wales.
Coal, copper, timber, iron, and especially wool, were exported from the Principality, and by the Statute Staple of 1353 Carmarthen was declared the sole staple for the whole Welsh wool trade, every bale of wool having first to be sealed or " cocketed " at this important town, which during the 14th century may almost be accounted as the English capital of the Principality, so greatly was it favoured by the Plantagenet monarchs.
At the same time the remaining lordships were added to the English border counties of Gloucester, Shropshire and Hereford, and also to the existing Welsh shires of Cardigan, Carmarthen, Glamorgan and Pembroke, all of which found their boundaries considerably enlarged under this statute.
It is well known that this became one of the most violently disputed questions at the Reformation, and that for eight years it was felony in England to defend sacerdotal marriage as permissible by the law of God (Statute of the Six Articles, 31 Hen.
But in accordance both with the growing tendency to separate command and administration and with the desire to enlist local sympathies and utilize local resources, "associations," partly of civilian, partly of military members, were formed in every county and charged by statute with all matters relating to the enlistment, service and discharge of the county's quota in the force, finance (other than pay, &c. in camp), buildings, ownership of regimental property, &c. To these duties of county associations are added that of supervising and administering cadet corps of all sorts (other than officers' training corps), and that of providing the extra horses required on mobilization, not only by the territorial force, but by the expeditionary force as well.
In Scotland by a recent statute it was death even to argue against it; and Knox after Wishart's execution was fleeing from place to place, when, hearing that certain gentlemen of Fife had slain the cardinal and were in possession of his castle of St Andrews, he gladly joined himself to them.
Thus a debt may be barred by the Statute of Limitations and so cease to be enforceable.
He protested against the confirmation of the statute of provisors in 1390, and he was successful in slightly modifying the statute of praemunire in 1393.
The consolidated fund services are an annual charge, fixed by statute, and alterable only by statute, but the supply services may be gone through in detail, item by item, by the House of Commons, which forms itself into a committee of supply for the purpose.
Yet as far back as the 13th century a statute, known as that of "Watch and Ward," was passed in the 13th year of Edward I.
The city of London has its own distinct police organization under a commissioner and assistant commissioner, and its functions extend over an area of 673 statute acres containing two courts of justice, those of the Guildhall and Mansion House, where the lord mayor and the aldermen are the magistrates.
By the statute law of Natal post-nuptial agreements between spouses are permitted under certain conditions, to which it is not possible now to refer at length.
"The great rank of those who were likely to offend against this part of the statute was," says Hallam, "the cause of this unusual severity."
On the 8th of June Walter Nuthirst and Wykeham were made commissioners to keep the statute of labourers and servants in the liberty of the Free Chapel (St George's), Windsor.
This question of arrest has been frequently raised in Europe: - in the case of Barbuit, a tallow-chandler, who from 1717 to 1735 acted as Prussian consul in London, and to whom the exemption conferred by statute on ambassadors was held not to apply; in the case of Cretico, the Turkish consul in London in 1808; in the case of Begley, the United States consul at Genoa, arrested in Paris in 1840; and in the case of De la Fuente Hermosa, Uruguay an consul, whom the Cour Royale of Paris in 1842 held liable to arrest for debt.
In the absence of any of His Majesty's ships he is senior naval officer; he looks after men left behind as stragglers, or in hospital or prison, and sends them on in due course to the nearest ship. He is also empowered by statute to advance for the erection or maintenance of Anglican churches, hospitals, and places of interment sums equal to the amount subscribed for the purpose by the resident British subjects.
Much of the notarial business which is imposed on consuls, partly by statute and partly by the request of private parties, consists in taking the declarations as to registry, transfers, &c., under the Mercantile Shipping Acts.
Doubts having been raised whether a bishop of the Church of England, being a lord of parliament, could resign his seat in the Upper House, although several precedents to that effect are on record, a statute of the realm, which was confined to the case of the bishops of London and Durham, was passed in 1856, declaring that on the resignation of their sees being accepted by their respective metropolitans, those bishops should cease to sit as lords of parliament, and their sees should be filled up in the manner provided by law in the case of the avoidance of a bishopric. In 1869 the Bishops' Resignation Act was passed.
Under this statute, which, after long remaining inoperative, was amended and again put into force by the Suffragans' Nomination Act of 1888, every archbishop and bishop, being disposed to have a suffragan to assist him, may name two honest and discreet spiritual persons for the crown to give to one of them the title, name, style and dignity of a bishop of any one of twenty-six sees enumerated in the statute, as the crown may think convenient.
By statute (1891) it has been provided that in civil actions three-fourths of a jury may render a verdict, and in misdemeanour cases five-sixths may give a verdict.
There was still no statute by which he could be condemned to the stake, but Hooper was kept in prison; and the revival of the heresy acts in December 1554 was swiftly followed by execution.
Corrupt and illegal practices at the election are forbidden by a statute passed in the year 1894, which imposes heavy penalties and disqualifications for the offences which it creates.
These acts were 'a' lm se consolidated and amended by a statute of 1894, and the county council remain the local authority for the execution of that act in counties.
They cannot disapprove of a plan unless it contravenes the provisions of some statute or by-law; but if a person builds otherwise than according to an approved plan he does so at the risk of having his work pulled down or destroyed.
At the same time, the question whether a particular protectorate forms part of the " dominion " or " territory " of the Crown for any purposes or within the meaning of any statute cannot be regarded as wholly free from doubt; its terms and intention must be examined.
He and the council examine and pass upon election returns; he may summon extra sessions of the legislature, and he may grant pardons, reprieves, and commutations in all cases except impeachment, but the manner of hearing applications for pardon is in a measure prescribed by statute, and he must present to the legislature an account of each case in which he grants a pardon.
The minimum length of the school year is fixed by a statute of 1893 at twenty weeks; the average length is about twenty-eight weeks; A compulsory education law, enacted in 1901, requires the attendance at some public or approved private school of each child between the ages of seven and fifteen during all the time that school is in session, except that necessary absences may be excused.
respectively, and the practice was ultimately settled in its present form by the statute Payment of Annates, &c., 1534.
According to the provisions of this statute, upon the avoidance of any episcopal see, the dean and chapter of the cathedral church are to certify the vacancy of the see to the crown, and to pray that they may be allowed to proceed to a new election.
The dean and chapter are thereupon bound to elect the person so named by the crown within twelve days, in default of which the crown is empowered by the statute to nominate by letters patent such person as it may think fit, to the vacant bishopric. Upon the return of the election of the new bishop, the metropolitan is required by the crown to examine and to confirm the election, and the metropolitan's confirmation gives to the election its canonical completeness.
As in so many of the newer Western states, the constitution specifies minutely many details which in the older instruments are left to be fixed by statute.
In May 1864, owing to difficulties between the government and the general assembly, the assembly was dissolved, and a statute was submitted to universal suffrage giving greater authority to the prince, and creating two chambers (of senators and of deputies).
However papal in their origin, post-Reformation lawyers have regarded them as valid, unless they can be shown to be contrary to the king's prerogative, or to the common or statute law of the realm.
20 of the same statute kept alive the old ecclesiastical law of Ireland by way of assumed contract (cf.
Under the provisions of this statute, the " archbishops and bishops of the ancient Apostolic and Catholic Church of Ireland " (so they describe themselves), together with representatives of the clergy and laity, assembled in 1870, in " General Convention," to " provide for the regulation " of that church.
The Convention also enacted some canons and a statute in regard to ecclesiastical tribunals (see Ecclesiastical Jurisdiction).
In England the collection and payment of annates to the pope was prohibited in 15 3 1 by statute.
By the statute 16 Charles I.
Roman-Dutch common law prevails except when modified by statute, the laws of the Transvaal being in force as far as applicable to the country.
31, 1266) and the Statute of Marlborough(Nov.
The great enactments start with the First Statute Statutes of Westminster (1275), a measure directed to the ~,ilns~r improvement of administrative details, which was andGlouaccompanied by a grant to the king of a permanent cester.
In 1278 followed the Statute of Gloucester, an act empowering the king to make inquiry as to the right by which old royal estates, or exceptional franchises which infringed on the royal prerogative of justice or taxation, had passed into the hands of their present owners.
Then he took the offensive himself, by persuading his parliament to pass the Statute of Mortmain (de religiosis).
The Statute of Mortmain forbade any man to alienate land to the church without royal licence.
The great group of statutes that date from Edwards earlier years ends with the legislative enactments of 1285, the Second Statute of Westminster and the Statute of Winchester.
Second The former contains the clause De Donis Condi- Statute of tionalibus, a notable landmark in the history of English Westlaw, since it favored the system of entailing estates.
Five years later this legislation was supplemented by the statute Quia Emptores, equally beneficial to king and barons, which provided that subtenants should not be allowed to make over land to other persons, retaining the nominal possession and feudal rights over it, but should be compelled to sell it out and out, so that their successor in title stood to the overlord exactly as the seller had done~ Hitherto they had been wont to dispose of the whole or parts of their estates while maintaining their feudal rights over it, so that the ultimate landlord could not deal directly with the new occupant, whose reliefs, wardship, &c., fell to the intermediate holder who had sold away the land.
The Statute of Winchester, the other great legislative act of 1285, was mainly concerned with the keeping of the peace of the realm.
It revised the arming andorganization of the Statute of national militia, the lineal descendent of the old fyrd, cheser.
The statute of Wales, issued at Rhuddlan in 1284, provided for the introduction of English law into the country, though a certain amount of Celtic customs was allowed to survive.
firmatio Cartarum (less accurately called the statute The Dc Tallagio non concedendo) marked a distinct advance Con firbeyond the theories of Magna Carta; for the latter, natio Carhad been drawn up before England possessed a parlia- t4rum.
His last short interval of peaceful rule was distinguished by the passing of the Statute of Trailbaston in the parliament of 1305.
Statute of Laborers of 135f, which fixed rates for all wages practically identical with those of the times before the Black Death.
Later additions to the statute were devised to terrorize the laborer, by adding stripes and branding to his punishment, if he still remained recalcitrant or absconded.
Thirty years of friction followed, while the parliament, and the ruling classes tried in a spasmodic way to enforce the statute, and the peasantry strove to evade it.
If driven over hard they absconded to the towns, where hands were needed as much as in the countryside, or migrated to districts where the statute was laxly administered.
But enough oldfashioned landlords remained to keep up the struggle with the peasants to the end of the 14th century and beyond, an.d the number of times that the Statute of Laborers was re-enacted and recast was enormous.
In some respects this expectation was not deceived; the years that followed 1360 seem to have been prosperous at home, despite the continued friction arising from the Statute of Laborers.
In the districts which took arms two main causes of insurrection may be differentiated; the first and the most widespread was the discontent of the rural population with the landowners and the Statute of Laborers.
In the countryside the insurrection was accompanied by wholesale burnings of manor-rolls, the hunting down of unpopular bailiffs and landlords, and a special crusade against the commissioners of the poll-tax and the justices who had been enforcing the Statute of Laborers.
It was not till the next reign, when the bishops succeeded in calling in the crown to their aid, and passed the statute De heretico comburendo, that Lollardy ceased to flourish.
There is a bare mention of the Statute of Laborers in Jack Cades ably drafted chapter of complaints.
His determination to end the system was well shown by the fact that he heavily fined even the earl of Oxford, the companion of his exile~ the victor of Bosworth, and the most notoriously loyal peer in the realm, for an ostentatious violation of the statute.
The details of this surrender were worked out by king and Commons in 1532; but Gardiner and More secured the rejection bythe Lords of the bill in which they were embodied, and it was not till 1533, when More had ceased to be chancellor and Gardiner to be secretary, that a parliamentary statute annihilated the independent legislative authority of the church.
A previous statute, the Ccrporation kct (1661), ordered that all members of corporations should renounce the Covenant and the doctrine that subjects might as this danger was believed to exist, every effort would be made to keep dissent from spreading.
After years of conflict it succeeded indeed in placing on the statute book a measure dealing with Fiscal Irish municipalities.
The width of the mouth of the monarch river is usually measured from Cabo do Norte to Punto Patijoca, a distance of 207 statute m.; but this includes the ocean outlet, 40 m.
By a statute of the reign of Queen Elizabeth it was enacted that none should eat flesh on " fish days " (the Wednesdays, Fridays and Saturdays throughout the year) without a licence, under a penalty.
Accordingly in 1290 a statute was passed, Quia emptores, which allowed the tenant to alienate whenever he pleased, but the alienee or person to whom he granted was to hold the land not of the alienor but of the same immediate lord, and by the same services as the alienor held it before.
The privileged province of Lebanon was finally constituted by the Organic Statute of the 6th of September 1864, and the subsequent history of the Lebanon Druses is one of gradual withdrawal from the jurisdiction of that state, in which they see their ancient independence irretrievably compromised, and their religion subordinated to Christian supremacy.
The sources of the ecclesiastical law of England are thus described by Dr. Richard Burn (The Ecclesiastical Law, 9th ed., 1842): - "The ecclesiastical law of England is compounded of these four main ingredients - the civil law, the canon law, the common law, and the statute law.
When these laws do interfere and cross each other, the order of preference is this:- ` The civil law submitteth to the canon law; both of these to the common law; and all three to the statute law.
Under the head of statute law Burn includes ` the Thirty-nine Articles of Religion, agreed upon in Convocation in the year 1562; and in like manner the Rubric of the Book of Common Prayer, which, being both of them established by Acts of Parliament, are to be esteemed as part of the statute law.'" The first principle of the ecclesiastical law in England is the assertion of the supremacy of the crown, which in the present state of the constitution means the same thing as the supremacy of parliament.
c. I were revived by the i Elizabeth c. 1, the scheme was never executed, and the ecclesiastical laws remained on the footing assigned to them in that statute - so much of the old ecclesiastical laws might be used as had been actually in use, and was not repugnant to the laws of the realm.
From the time of the Reformation no change has been made in the law of the Church which has not been made by the king and parliament, sometimes indirectly, as by confirming the resolutions of convocation, but for the most part by statute.
There the new works joined the walls of the suburb of Blachernae, and thus Em ate70tPsamatfii:a Scale, 1:46,000 One Statute Mile 7 Ancient sites are shown by thick lines and lettered thus:-.
One of these was the well-known statute De heretico comburendo passed in 1401.
The appeals from the decisions of the Arches court were formerly made to the king in chancery, but they are now by statute addressed to the king in council, and they are heard before the judicial committee of the privy council.
(Ecclesiastical Jurisdiction Act 1532) the Arches court is empowered to hear, in the first instance, such suits as are sent up to it by letters of request from the consistorial courts of the bishops of the province of Canterbury, and by the Church Discipline Act 1840, this jurisdiction is continued to it, and it is further empowered to accept letters of request from the bishops of the province of Canterbury after they have issued commissions of inquiry under that statute, and the commissioners have made their report.
But in 1897 a statute was passed, the Weights and Measures (Metric System) Act, which legalized the use in trade of the metric system, and abolished the penalty for using or having in one's possession a weight or measure of that system.
They were a usual accompaniment to feudal tenures, and the power which they conferred on great families, being recognized as a source of danger to the state, led to frequent attempts being made by statute to restrict them, both before and after the Union.
To put down the Lollards, he called a meeting of the clergy, pressed on the statute de haeretico comburendo, and passed sentence of degradation upon William Sawtrey.
yaµos, marriage), in English law, according to the statute now in force (24 and 25 Vict.
This canon was adopted and explained by an English statute of 1276; and bigamy, therefore, became a usual counterplea to the claim of benefit of clergy.
By a statute of 1604 the offence was made a felony.
This statute, after being repealed in 1828, was re-enacted and reproduced in the Offences against the Person Act 1861.
Hence, a divorce a vinculo for adultery, in a Scottish court, of persons married in England, is not within the statute.
In Scotland, at the date of the only statute respecting bigamy, that of 1551, cap. 19, the offence seems to have been chiefly considered in a religious point of view, as a sort of perjury, or violation of the solemn vow or oath which was then used in contracting marriage; and, accordingly, it was ordained to be punished with the proper pains of perjury.
In the United States the law in regard to bigamy is practically founded on the English statute of 1604, with the exception that imprisonment and a fine, varying in the different states, were substituted instead of making the offence a felony.
Congress has passed a statute declaring bigamy within the territories and places within the exclusive jurisdiction of the United States to be a misdemeanour (U.S. Rev. Stat.
By statute in some states, upon absence cf one spouse from the state for five years without being heard of, the other may marry again without committing bigamy, in other states the period is seven years.
Parliament was not more liberal, for the statute of Kilkenny, passed in 1366, ordained that "no Irishman be admitted into any cathedral or collegiate church, nor to any benefice among the English of the land," and also "that no religious house situated among the English shall henceforth receive an Irishman to their profession."
In this reign too was passed the statute of Kilkenny (q.v.), a confession by the crown that obedient subjects were the minority.
The provisions of the statute of Kilkenny against trading with the Irish failed, for markets cannot exist without buyers.
The system of provisions was soon introduced at the expense of free election, and was acknowledged by the statute of Kilkenny.
The Supreme Court of the United States held on the 18th of January 1897 that the provisions of the statute forbidding the importation of liquor by anyone except certain state officials were in violation of the interstate commerce clause of the constitution (Scott v.
Land was held in free and common socage, and the statute quia emptores was suspended, thus allowing subinfeudation.
An act of indemnity is a statute passed for the purpose either of relieving persons from disabilities and penalties to which they have rendered themselves liable or to make legal transactions which, when they took place, were illegal.
It proved impossibfe to enforce this statute, and the majority of Spaniards are still illiterate, though in decreasing proportion at each census.
The statute was not to extend to the counties of Westmorland, Cumberland, Northumberland or the bishopric of Durham.
This creative act bore evident traces of the proslavery sentiments of the Congress that passed it in the limitation of the suffrage to whites, and the explicit application of the national fugitive-slave laws for the last time in a federal statute.
The civil importance of the poor-law parishes may be dated from the introduction of the poor law by the statute of 43 Elizabeth, which directed overseers of the poor to be appointed in every parish, and made the churchwardens into ex-officio overseers.
The statute was preceded by tentative provisions of the same kind enacted in the reigns of Edward VI.
Under this statute the areas of parishes continued to be altered and defined down to 1844, when the act commonly known as Graham's Act was passed (7 & 8 Vict.
This act, which applied to the disjunction and erection of parishes, introduced a simpler form of procedure, and to some extent dispensed with the consent of the heritors, which had been required under the earlier statute.
Where there has been a union or disjunction and erection of parishes the evidence of the boundaries is the relative statute, order in council, or decree of commission or of court of teinds.
This court has jurisdiction of appeals from equity courts in which the amount in controversy does not exceed $1000, except in cases involving the constitutionality of a Tennessee statute, contested election or state revenue, and ejectment suits; it has jurisdiction also of civil cases tried in the circuit and common law courts in which writs of error or appeals in the nature of writs of error are applied for.
A cover of arable which is 2 / 3 of a statute acre, is 15s.
azalea walk leads to the statute of the 3 rd Lord Holland.
Briton is an old country with laws in its statute books going back many centuries.
codifygovernment has also accepted the review's recommendations that director's duties should be codified in statute.
consolidatent legal framework is contained predominantly in a consolidating statute, the Charities Act 1993.
constitutionality of any statute - with one exception.
Even today they cannot question the constitutionality of any statute - with one exception.
statutory distraint is a power to seize goods granted under a particular statute.
Every commandment is a royal edict, a statute which God hath made for the governing of the world.
enactment of Scots criminal law in statute is mostly a matter for the Scottish Parliament.
enshrined in statute.
She also eschews interpretation of the statute in terms of her own policy preferences.
established by statute as an Executive Non-Departmental Public Body.
extradite a citizen in the absence of a statute or treaty obligation.
From here the user can get full details of the legislation by clicking on the relevant hyperlink to the piece of statute they require.
imply other terms and conditions, express or implied by statute, are excluded to the fullest extent permitted by law.
imposed by statute.
international lawrisdiction over serious violations of international humanitarian law as specified in Articles 2-5 of the Statute.
invest quot tramontin as auto insurance florida statute to any.
Such a loss was secondary, relational or indirect and was therefore irrecoverable at common law and also under the statute.
irrecoverable at common law and also under the statute.
The civil partnership is borne entirely out of statute and has no common law jurisprudence.
The Statute of Autonomy fell short of the self-rule that basque nationalism demanded.
Any other piece of legislation seems partial compared to this wide-ranging statute.
To the extent permissible by law all implied terms, whether by statute or otherwise, are excluded.
Publishers insisted copyright was perpetual, despite Statute of Anne, claiming that common law granted perpetuity.
In 1539 he was accorded special precedence by statute.
prohibited by statute.
regulated by statute for almost three.
The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety.
Changing the statute by the normal procedure means that it has impliedly repealed the specific requirement.
The point is that broadcasters are controlled by statute with the threat of fines and license revocation but they still make mistakes.
A statute fair, for hiring servants, etc., is held at Chigwell on Sept. 30th.
Statute law revision repeals statute law revision repeals statutes that are no longer of practical utility.
They'd be making a horrible mistake, but they would not be violating a statute.
We exclude any warranties in respect of the goods express or implied by statute, common law or of any other kind.
These are terms that are implied or imposed by statute.
Despite its prevalence CCTV is still not regulated expressly by statute.
Whilst the public welfare offenses are thought of not as evil or immoral but as criminal and punishable because they are prohibited by statute.
In the United States the position of straight bills of lading is governed by statute.
The ECA is, by force of the common law, a constitutional statute.
statute acre, is 15s.
parity statute is focus on enrolling of a deductible.
statute of limitation ' .
statute law of this country.
wiretap statute, Title III.
wording of the legal statute could only be changed by PMETB.
The later expedition of the " Pola " discovered the " Rhodes Deep " (36Ã‚° 5' N., 28Ã‚° 36' E.), with a maximum depth of 2110 fathoms: this deep is closed to the south-east by a ridge running south-east, over which the depth is 1050 fathoms. Off the coast of Syria the " Pola "obtained four soundings of more than 1100 fathoms, and between Cyprus and the coast of Asia Minor only two over 550 fathoms. Murray gives the following figures for the areas and volumes of the Mediterranean at different depths: which gives a mean depth over all of 768 fathoms. The following table is due to Karstens: Kriimmel gives the total volume of the basin as 4,249,020 cubic kilometres or 1,019,400 cubic statute miles, and the mean depth as 782 fathoms. (See Ocean.) Meteorology.
When Albany came from France and assumed the regency, these documents and the "purchase" of the bishopric from Rome contrary to statute were made the basis of an attack on Douglas, who was imprisoned in Edinburgh Castle, thereafter in the castle of St Andrews (under the charge of his old opponent, Archbishop Hepburn), and later in the castle of Dunbar, and again in Edinburgh.
The side of a square containing ro statute acres is 220 yds.
Its length from north to south is 2285 statute miles, and its greatest width about 930 m.
The jurisdiction of the court has been, except in one matter of mere antiquarian curiosity, unaffected by statute.
Putting aside those created by statute, recoverable by civil process, debts may be divided into three classes, (I) judgment debts, (2) specialty debts, and (3) simple contract debts.
In the British Postal Telegraph system five sizes of iron wire are in general use, weighing respectively 200, 400, 450, 600 and 800 lb per statute mile, and having electrical resistances (at 60Ã‚° F.) of 26.64, 13.32, II.
The sizes of copper wire employed have weights of too, 150, 200 and 400 lb per statute mile, and have electrical resistances (at 60Ã‚° F.) of 8.782, 5.8 55, 4.39 1 and 2.195 standard ohms respectively.
Each conductor has a resistance (at 60Ã‚° F.) of 5.74 ohms per statute mile, and an average electrostatic capacity per mile between adjacent wires of o 06 microfarad, or between wire and earth of o I microfarad; the insulation resistance of each wire is about 5000 megohms per mile.
It is a moot question whether this statute took away the appeal to the Upper Houses of the various convocations in causes wherein the king was concerned (see Gorham v.
Thus the statute of 2 and 3 Edward VI., cap. 9 (1 549), while inculcating that "due and godly abstinence from flesh is a means to virtue," adds that "by the eating of fish much flesh is saved to the country," and that thereby, too, the fishing trade is encouraged.
The kind of argument by which Cecil overcame the Protestant temper of the parliament is illustrated by a clause which he had meditated adding to the statute, a draft of which in his own handwriting is preserved: "Because no person should misjudge the intent of the statute," it runs, "which is politicly meant only for the increase of fishermen and mariners, and not for any superstition for choice of meats; whoever shall preach or teach that eating of fish or forbearing of flesh is for the saving of the soul of man, or for the service of God, shall be punished as the spreader of false news" (Dom.
issued a proclamation ordering abstention from meat; but, after the Revolution, the Lenten laws fell obsolete, though they remained on the statute-book till repealed by the Statute Law Revision Act 1863.
About 1850 there began to appear on the statute books laws requiring publicity of rates and the submission of annual reports to the legislature, prescribing limits to corporate indebtedness, and also making provision for safety in operation and for the character and quality of railway service.
The latter he declared would be " hypocritical legislation " because, with a Federal law on the statute book forbidding beer with an alcoholic content of over one-half of 1%, it would still not be possible to sell 2.75% beer in Massachusetts.
It was followed by the concession of additional privileges to the Christians of the island and of a kind of constitutional government and other reforms embodied in what is known as the " Organic Statute " of 1868.
The privileges now accorded were embodied in what is known as the Organic Statute, an instrument which eventually obtained a somewhat wider importance, being proposed by Article XXIII.
The privileges conferred by