单词 | rescissory |
释义 | rescissoryadj. Chiefly Scots Law. 1. a. Of an action: that annuls or cancels a deed or other legal instrument. In early use frequently as postmodifier. ΘΚΠ society > law > rule of law > illegality > [adjective] > legally invalid or faulty > annulling or abrogating cassing1550 revocatory1590 irritant1592 rescissory1606 nullifying1640 repealing1648 rescissorian1658 1606 S. Daniel Queenes Arcadia iii. i. sig. E4v I ouer-whelme My practise too, with darknesse, and strange words,..Condicions, Codicilles, Acceptilations, Actions rescissorie. 1684 G. Mackenzie Instit. Law Scotl. iv. i. 336 Actions are also divided in ordinary actions, and actions rescissory. 1754 J. Erskine Princ. Law Scotl. II. iv. i. 419 Rescissory actions are divided into actions of proper improbation... Actions of reduction-improbation. 1782 W. Ross Disc. Removing of Tenants 101 The action was considered as a remedium extraordinarium, rescissory in its nature, and important to the lieges. 1818 H. T. Colebrooke Treat. Obligations & Contracts 222 Every person who apprehends himself hurt or affected by a deed is entitled to a rescissory action for setting it aside. 1838 W. Bell Dict. Law Scotl. 829 The action of simple reduction and the action of reduction-improbation, are the two varieties of the rescissory actions of the law of Scotland. 1838 W. Bell Dict. Law Scotl. 829 In the simple reduction the summons, like all rescissory summonses, commences with the Will. 1846 J. Bateman Auctioneer's Guide (ed. 3) i. vi. 65 The first of this class of conditions is called rescissory; the second, compensatory. 1916 J. A. MacLaren Court of Session Pract. 638 A rescissory action, or action of reduction is an action to annul any deed or any illegal act done. 1997 Gazeta Mercantil Online (Nexis) 4 Dec. The provisional decision of the court only prevents the money..from being transferred to Queiroz Petro before the judgement of a rescissory action, filed by Cesp, which requests a new calculation of the amount of the condemnation. b. Of a legislative act or clause within such an act: that repeals or revokes existing legislation; spec. designating the act passed by the Scottish Parliament in 1661 which rescinded all the acts of the parliaments held from 1633. Frequently as postmodifier. Now historical.In quot. 1894 used of the power of members of a legislature to revoke existing statutes. ΚΠ 1639 Acts Parl. Scotl. (1870) V. 601/1 The act rescissorie of the actis..in favouris of Episcopacie. 1640 in J. Rushworth Hist. Coll.: Second Pt. (1680) II. 1007 It is impossible, without passing the Rescissory Act,..to have a valid Parliament. 1655 H. L'Estrange Reign King Charles 161 Next they fell upon forming an Act Rescissory, whereby former Acts..should be nulled. 1671 R. McWard True Non-conformist 378 Say not that the first part of the abovementioned rescissory clause, relative to the Act. 1592. Is simple. 1706 A. Shields Church-communion enquired Into 11 To break down the Carved Work of our Reformation with the Ax of an Act Rescissory. 1754 J. Erskine Princ. Law Scotl. I. i. v. 53 This act, tho' falling under the act rescissory of Charles II, seems to have been considered as still in force by 1663, c. 21 which [etc.]. 1861 H. T. Buckle Hist. Civilization Eng. II. 283 The parliament..consented to what was termed the rescissory act. 1894 Daily News 5 Mar. 5/8 The rescissory power wielded by the non-elective peers over the legislative acts of the..House of Commons. 1961 Jrnl. Brit. Stud. 1 45 On March 28, almost certainly before his letter reached Edinburgh, Parliament passed the well-known Rescissory Act. This annulled the work of the ‘pretended’ Parliaments that had sat in 1640, 1641, and from 1644 to 1648. 2003 D. Stevenson Revol. & Counter-Revol. in Scotl. (new ed.) 246 The 1661 act rescissory is usually stated to have annulled all public legislation in 1640-51. ΚΠ 1610 J. Selden Duello iv. 14 S. Lewis and the rest were constrained..to yeeld to the rescissory petitions of their subjects. This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022). < |
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