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Worlledge V Manning (1786)
''Worlledge v Manning'' (1786) East, 26 Geo. 3 CB; 126 ER 34 is a landmark judgment in English law by the House of Lords and was formative to the modern legal understanding of private property rights. A precedent for gleaning is to be found in the Bible at Leviticus 19:9-10. The matter related to gleaners' rights and arose from a disagreement about gleaning during the 1785 harvest. After the barley crop had been cut and cleared, a Timworth shoemaker, Benjamin Manning, had gone onto the land of John Worlledge, the richest farmer, in the adjoining parish of Ingham, Suffolk to glean and had carried away a quantity of barley. Worlledge disputed his right to do so and brought an action for trespass in the Court of Common Pleas. The court decided in Worlledge's favour in May 1786 and awarded him damages and costs. : The court held that the defendant was not an inhabitant of the parish in which he gleaned, and was not entitled to the gleaning support. The Court therefore ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1786 In Case Law
Events January–March * January 3 – The third Treaty of Hopewell is signed, between the United States and the Choctaw. * January 6 – The outward bound East Indiaman '' Halsewell'' is wrecked on the south coast of England in a storm, with only 74 of more than 240 on board surviving. * February 2 – In a speech before The Asiatic Society in Calcutta, Sir William Jones notes the formal resemblances between Latin, Greek, and Sanskrit, laying the foundation for comparative linguistics and Indo-European studies. * March 1 – The Ohio Company of Associates is organized by five businessmen at a meeting at the Bunch-of-Grapes Tavern in Boston, to purchase land from the United States government to form settlements in what is now the U.S. state of Ohio. * March 13 – Construction begins in Dublin on the Four Courts Building, with the first stone laid down by the United Kingdom's Viceroy for Ireland, the Duke of Rutland. April–June * April 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quarter Sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in Scotland, Ireland and in various other dominions of the British Empire. Quarter sessions generally sat in the seat of each county and county borough, and in numerous non-county boroughs (mainly, but not exclusively, ancient boroughs), which were entitled to hold their own quarter sessions''Whitaker's Almanack'' 1968, pp 465-6. (see below), although some of the smaller boroughs lost their own quarter sessions in 1951 (see below). All quarter sessions were abolished in England and Wales in 1972, when the Courts Act 1971 replaced them and the assizes with a single permanent Crown Court. In Scotland, they survived until 1975, when they were abolished and replaced by district courts and later by justice of the peace courts. The quarter ses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suffolk
Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include Lowestoft, Bury St Edmunds, Newmarket, and Felixstowe which has one of the largest container ports in Europe. The county is low-lying but can be quite hilly, especially towards the west. It is also known for its extensive farming and has largely arable land with the wetlands of the Broads in the north. The Suffolk Coast & Heaths and Dedham Vale are both nationally designated Areas of Outstanding Natural Beauty. History Administration The Anglo-Saxon settlement of Suffolk, and East Anglia generally, occurred on a large scale, possibly following a period of depopulation by the previous inhabitants, the Romanised descendants of the Iceni. By the fifth century, they had established control of the region. The Anglo-Saxon inhabitants later b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Steel V Houghton (1788)
''Steel v Houghton'' (1788) 1 H Bl 51; 126 ER 32 is a landmark judgment in English law by the House of Lords that is considered to mark the modern legal understanding of private property rights. Ostensibly the matter found that no person has a right at common law to glean the harvest of a private field, but the judgment has been taken to be a more general precedent for private land matters. Background In early modern England gleaning was an important source of income for labouring families, at a time when many parishes were affected by enclosure and the wholesale transformation of property rights. Over the harvests of 1785-1787, conflict had been escalating between land owners and gleaners in the village of Timworth, Suffolk. In 1787, Mary Houghton gleaned on the farm of a wealthy land owner, James Steel, who sued for trespass. Verdict The court sided with landlords and found against the gleaners' claims, rejecting arguments from Mosaic Law (A precedent for gleaning is to be fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Parishes In England
In England, a civil parish is a type of Parish (administrative division), administrative parish used for Local government in England, local government. It is a territorial designation which is the lowest tier of local government below districts of England, districts and metropolitan and non-metropolitan counties of England, counties, or their combined form, the Unitary authorities of England, unitary authority. Civil parishes can trace their origin to the ancient system of Parish (Church of England), ecclesiastical parishes, which historically played a role in both secular and religious administration. Civil and religious parishes were formally differentiated in the 19th century and are now entirely separate. Civil parishes in their modern form came into being through the Local Government Act 1894, which established elected Parish councils in England, parish councils to take on the secular functions of the vestry, parish vestry. A civil parish can range in size from a sparsely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Residency (domicile)
Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent. As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is. In some common-law countries, such as Australia and New Zealand, the concept of domicile has been subject to statutory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Costs (English Law)
In English civil litigation, costs are the lawyers' fees and disbursements of the parties. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In legal aid cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund. In most courts and tribunals, generally after a final judgment has been given, and possibly after any interim application, the judge has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The law of costs defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the costs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
