|
Red and Black = Both
one or the other
|
Red or Black = one or the other
a mix, of both
|
Red n' Black =mixture of both
BOTH
|
[Pursuant to] the [Births-->>and Deaths] Registration Act 1953
[pursuant to]:
agreeable to:
agreeing to:
commensurate with:
compatible to:
connorming to:
consistent with:
consonant with:
in accord with:
in accordance with:
in harmony with:
Blacks Law 4th Edition
[pursuant to]:
451; Rock Creek Oil Corporation v. Moore, Tex.
Civ.App., 41 S.W.2d 501, 504.
===========================================
CODE OF PROFESSIONAL RESPONSIBILITY
(B) This Disciplinary Rule does not prohibit payment to a former partner or associate [pursuant to] a separation or retirement agreement.===========================================
EC 7-18 The legal system in its broadest sense functions best when persons in need of legal advice or assistance are represented by their own counsel. For this reason a lawyer should not communicate on the subject matter of the representation of his client with a person he knows to be represented in the matter by a lawyer, unless [pursuant to] law or rule of court or unless he has the consent of the lawyer for that person.
===========================================
Closing up butcher shop with intention of giving up business and in removing all perishable merchandise, although tenant retained key and did not notify landlord of intention to vacate premises, held an "abandonment" and not a "surrender" of premises. Schnitzer v. Lanzara, 115 N. J.L. 332, 18 A. 234. Refusal by lessee of lessor's offer to reconstruct burned building, Girard Trust Co. v. Tremblay
Motor Co., 291 Pa. 507, 140 A. 506, 512. But tenants surrendering premises [pursuant to] notice of forfeiture did
not "abandon" premises. Becker v. Rute, 228 Iowa 533,
293 N.W. 18, 21.
===========================================
Adding of interest or income of a fund to principal [pursuant to] provisions of a will or deed, preventing its being expended. In re Watson's Will, 258 N.Y.S. 755, 144 Misc. 213.
===========================================
AJOURNMENT. In French law, the document [pursuant to] which an action or suit is commenced, equivalent to the writ of summons in England. Actions, however, are in some cases commenced by requéte or petition. Arg.Fr.Merc.Law, 545.
===========================================
—Bank of issue. One which, [pursuant to] authority conferred by its charter, issues its own notes intended to circulate as money. Millikan v. Security Trust Co., 187 Ind. 307, 118 N.E. 568, 569.
===========================================
COMMANDEMENT. In French law. A writ served by the huissier [pursuant to] a judgment or to an executory notarial deed.
Its object is to give notice to the debtor that if he does not pay
the sum to which he has been condemned by the judgment, or which he engaged to pay by the notarial deed, his property will be seized and sold. Arg.Fr.Merc.Law, 550.
===========================================
An incorporeal, political being, composed of one or more judges, who sit at fixed times and places, attended by proper officers, [pursuant to] lawful authority, for the administration of justice.
State v. Le Blond, 108 Ohio St.
126, 140 N.E. 510, 512. An organized body with defined powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it, and aided in this, its proper business, by Its proper officers, viz., attorneys and counsel to present and manage the business, clerks to record and attest its acts and decisions, and ministerial officers to execute its commands, and secure due order in its proceedings. Ex parte
Gardner, 22 Nev. 280, 39 P. 570; Hertzen v. Hertzen, 104
Or. 423, 208 P. 580, 582.
===========================================
COURT OF COMMISSIONERS OF SEWERS.The name of certain English courts created by commission under the great seal [pursuant to] the statute of sewers (23 Hen. VIII. c. 5).
===========================================
In statutes the term has various special meanings, dependent upon context, purpose of statute, etc. Toof v. City Nat. Bank of Paducah, Ky., C.C.A.Ky., 206 F. 250, 252; a bank taking chattel mortgage for pre-existing debt. Lindig v. Johnson City State Bank, Tex.Com.App., 41 S.W.2d 222, 224. An assignee of conditional seller taking trucks as creditor of purchaser, John W. Snyder, Inc., v. Aker, 134 Misc. 721, 236 N.Y.S. 28, 30. One who had recovered verdict against principal on attachment bond, Amer
Realty Co. v. Spack, 280 Mass. 96, 181 N; E. 753, 754; the receiver of an insolvent national bank suing to enforce statutory stockholder's liability for benefit of creditors as a "creditor", Coffey v. Fisher, C.C.A.Tenn., 100 F.2d 51, 33; person to whom letters of administration granted. State ex rel. Gentry v. O' Byrne, 221 Ind. 282, 46 N.E.2d, 690. One, seeking to recover from a special administrator for conversion, United States Fidelity & Guaranty
Co. v. Krow, 184 Okl. 444, 87 P.2d 950, 954; holders of participation certificates in mortgage, In re R. A. Security Holdings, D.C.N.Y., 46 F.Supp. 254, 255; persons who seize property under a legal process. Neils v. Bohlsen, 181 Minn. 25, 231 N.W. 248; state and political subdivisions, to which the forfeit is payable, International Harvester Co. v. Gully, 188 Miss. 115, 194 So. 472, 473. The National Labor Relations Board, seeking enforcement of a back pay allowance, National Labor Relations Board v. Killoren, C.C.A.Mo., 122 F.2d 609, 612. The United States which filed for record, Underwood v. United States, D.C.Tex., 37 F.Supp. 824, 826.
The Reconstruction Finance Corporation, which had purchased over 86 per cent. of outstanding bonds of insolvent irrigation district, [pursuant to] plan to refinance entire bond indebtedness of district, West Coast Life Ins. Co. v.
Merced Irr, Dist., C.C.A.Cal., 114 F.2d 654, 668, 669.
===========================================
Solvent debts. In Pennsylvania, the "solvent debts" which a city may deduct from its gross indebtedness [pursuant to] Act April 20, 1874, P.L. 65, in ascertaining its borrowing capacity, are debts due it directly, payment of which it can enforce as one of its quick assets for the liquidation of any of its obligations. McGuire v. City of Philadelphia, 245 Pa. 287, 91 A. 622, 623.
===========================================
Express Common-Law Dedication
An "express common-law dedication" is one where the intent is expressly manifested, such as by ordinary deeds, recorded plats not executed [pursuant to] statute or defectively certified so as not to constitute a statutory dedication. Board of Com'rs of Garfield County v. Anderson, 167 Okl. 253, 29 P.2d 75, 78.
===========================================
A deed is distinguished from a contract in that a deed is a mere transfer of title to realty, and is the act of but one of the parties, made [pursuant to] a previous contract either in parol or in writing. Collins v. Lyon, Inc., 181 Va. 230, 24 S.E.2d 572, 579.
Accordingly; want of consideration of itself will not warrant setting aside a deed, though want of consideration would be good defense to an executory contract. Lawson v. Boo, 227 Iowa 100, 287 N.W. 282, 284. However, a deed is a contract, for the purpose of reformation in equity to make it truly speak the legally ascertained intention of the parties. Sawyer Coal & Ice Co. v. Kinnett-Odom Co., 192 Ga. 166, 14 S.E.2d 879, 883.
===========================================
In Pleading
The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defense, which is not [pursuant to] the previous pleading of the same party, and which does not support and fortify it. 2 Williams, Saund. 84a, note 1; 2 Wils. 98; Co.Litt. 304a; Hanna v. Royce, 119 Or. 450, 249 P. 173, 175.
===========================================
A departure occurs when party departs from cause or defense first made and has recourse to another. Livingston v. Malever, 103 Fla. 200, 137 So. 113, 118; Clonts v. State, 19 Ala.App. 130, 95 So. 562; Northwestern Nat. Life Ins. Co. v. Ward, 56 Okl. 188, 155 P. 524, 525; Burrell v. Masters, 65 Colo. 310, 176 P. 316, 317. Or, in other words, when the second pleading contains matter not [pursuant to] the former, and which does not support and fortify It.
Hence a departure obviously can never take place till the replication. Steph.Pl. 410. Each subsequent pleading must pursue or support the former one; i.e., the replication must support the declaration, and the rejoinder the plea, without departing out of it.
3 Bl.Comm. 310. An amendment to a petition changing the cause of action is not, technically, a "departure." King v. Milner, 63 Colo. 407, 167 P. 957, 960; MacGerry v. Rodgers, 144 Wash. 375, 258 P. 314, 315.
===========================================
DISENTAILING DEED. In English law. An enrolled assurance barring an entail, [pursuant to] 3 & 4 Wm. IV. c. 74.
===========================================
Cumulative Dividend
A dividend, usually preferred, which if not earned or paid, [pursuant to] agreement must be paid at some subsequent date.
Lockwood v. General Abrasive Co., 205 N.Y.S. 511, 513, 210 App.Div. 141.
===========================================
General Election
One at which the officers to be elected are such as belong to the general government,—that is, the general and central political organization of the whole state; as distinguished from an election of officers for a particular locality only. Also, one held for the selection of an officer after the expiration of the full term of the former officer; thus distinguished from a special election, which is one held to supply a vacancy in office occurring before the expiration of the full term for which the incumbent was elected.
Downs v. State, 78 Md. 128, 26 A. 1005. One that regularly recurs in each election precinct of the state on a day designated by law for the selection of officers, or is held in such entire territory [pursuant to] an enactment specifying a single day for the ratification or rejection of one or more measures submitted to the people by the Legislative Assembly, and not for the election of any officer. Bethune v. Funk, 166 P. 931, 932, 85 Or. 246. One
that is held throughout the entire state or territory. Territory v. Ricordati, 18 N.M. 10, 132 P. 1139, 1140. An election for the choice of a national, state, judicial, district, municipal, county,
or township official, required by law to be held regularly at a designated time, to fill a new office or a vacancy in an office at the expiration of the full term thereof. Eakle v. Board of Education of Independent School Dist. of Henry, 97 W.Va. 434, 125 S.E. 165, 168.
In statutes, the term may include a primary election. Kelso v. Cook, 184 Ind. 173, 110 N.E. 987, 993, Ann.Cas.1918E, 68.
Contra, under a municipal charter, City Council of San Jose v. Goodwin, 196 Cal. 274, 237 P. 548, 549. In Vermont, the term is used throughout the Public Statutes to designate what before had commonly been known as "freeman's meeting." Martin v. Fullam, 97 A. 442, 445, 90 Vt. 163.
===========================================
By the word "grant," in a treaty, is meant not only a formal grant, but any concession, warrant, order, or permission to survey, possess, or settle, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by a patent [pursuant to] a law. Strother v. Lucas, 12 Pet. 436, 9 L. Ed. 1137; Bryan v. Kennett, 113 U.S. 179, 5 S.Ct. 413, 28 L.Ed. 908; Hastings v. Turnpike Co., 9 Pick., Mass., 80; Dudley v. Sumner, 5 Mass. 470.
===========================================
INIURCOLLEGUIA.
A body of Soviet lawyers in Moscow organized and constituted [pursuant to] statute under jurisdiction and control of the U. S. S. R. Ministry of Justice for the purpose of exclusive representation of Soviet nationals in foreign legal matters. In re Mitzkel's Estate, 233 N.Y.S.2d 519, 524, 36 Misc.2d 671; In re Kapocius' Estate, 234 N.Y.S.2d 346, 348, 36 Misc.2d 1087.
============================================
JUDICIAL DIVORCE.
One granted by the sentence of a court of justice, [pursuant to] general law. Maclay v. Maclay, 147 Fla. 77, 2 So.2d 361,
363.
============================================
LIQUIDATING DISTRIBUTION.
A distribution of stock [pursuant to] reorganization plan. Dwor
sky v. Buzza Co., 215 Minn. 282, 9 N.W.2d 767, 769.
============================================
MUTUAL WILLS.
Those made as the separate wills of two people which are reciprocal in provision. Child v. Smith, 225 Iowa 1205, 282 N.W. '316, 321. 'Or those executed [pursuant to] agreement or compact between two or more persons to dispose of their property in particular manner,' each in consideration of the other. Maloney v. Rose, 224 Iowa 1071, 277 N.W. 572, 574.
============================================
To constitute an officer de facto it is not a necessary prerequisite that there shall have been an attempted exercise of competent prima facie power of appointment or election; a de facto officer being one whose title is not good in law, but who is in fact In the unobstructed possession of an office and is discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper. U. S. v. Royer, 45 S.Ct. 519, 520, 268 U.S. 394, 69
L.Ed. 1011. A person is a "de facto officer" where the duties of the officer are exercised-First, without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be. Second, under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition, as to take an oath, give a bond, or the like. Third, under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public. Fourth, under color of an election or appointment by or [pursuant to] a public unconstitutional law, before the same is adjudged to be such. Wendt v. Berry, 154 Ky. 586, 157 S.W.
1115, 1118, 45 L.R.A.,N.S., 1101, Ann.Cas.1915C, 493.
============================================
In English practice. A statement in writing of some special matter submitted to the consideration of a chief clerk in the court of chancery, [pursuant to] an order made upon an application ex
parte, or a decretal order of the court. It is either for maintenance of an infant, appointment of a guardian, placing a ward of the court at the university or in the army, or apprentice to a trade; for the appointment of a receiver, the establishment of a charity, etc. Wharton.
============================================
PURSUANT.
A following after or following out; line in accordance with or by reason of something; conformable; in accordance; agreeably, conformably; a carrying out or with effect, the act of executing; that which is [pursuant]; consequence; acting or done in consequence or in prosecution of anything; hence, agreeable. Suppiger v. Enking, 60 Idaho 292, 91 P.2d 362, 366.
============================================
General sessions. A court of record, in England, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peace and certain statutes.
General sessions held at certain times in the four quarters of the year [pursuant to] St. 2 Hen. V. are properly called "quarter sessions," (q. v.,) but intermediate general sessions may also be held. Sweet.
============================================
Statute-merchant. In English law. A security for a debt acknowledged to be due, entered into before the chief magistrate of some trading town, [pursuant to] the statute 13 Edw. I. De Mercatoribus, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, but also his lands might be delivered to the creditor till out of the rents
and profits of them the debt be satisfied. 2 Bl. Comm. 160. Now fallen into disuse. 1 Steph. Comm. 287. See Yates v. People, 6 Johns. (N.Y.) 404.
============================================
That department of government which is charged with the receipt, custody, and disbursement ([pursuant to] appropriations) of the public revenues or funds.
