THE NATURE OF LEGAL LANGUAGE (2)The Legal Lexicon

Task 1 - Identify the specified features in the legal fragments below.Task 2 - Find fragments displaying equivalent features in Romanian legal documents Task 3 - Translate the fragments

1. FORMAL REGISTER AND ARCHAIC DICTION, ARCHAIC ADVERBS AND

PREPOSITIONAL PHRASES

Succession to the crown to continue as at present.That it be the second article of union, that the succession to the imperial crown of the said united kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdoms of Great Britain and Ireland now stands limited and settled, according to the existing laws, and to the terms of union between England and Scotland.Source: http://www.legislation.gov.uk/aip/Geo3/40/38/part/2 ____________________________________________________________________________Article II.

The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees of the government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.

Source: http://www.languageandlaw.org/TEXTS/CONST/LARAMIE.HTM

2. FORMAL AND RITUALISTIC TERMINOLOGY

Will

This is the last Will and Testament of me Edward Grimes Abbott of Ipswich in the county of Suffolk Currier of which I nominate and appoint my friend William Garrod of Ipswich aforesaid Ship Surveyer and my Daughter Harriet Wells of Ipswich aforesaid Widow executors I direct them my said executors in the first place after my decease to pay and discharge all my just debts and my funeral and testamentary expenses I give and bequeath to Mary Ann Wilkinson the wife of James Wilkinson of Ipswich aforesaid Master Mariner the sum of ten Pounds I give and bequeath (subject as hereinafter mentioned) the sum of Fifty pounds to be

equally divided by my said executors between all the children of my daughter Mary Ann Howe the wife of Thomas Potter Howell of Ipswich aforesaid Schoolmaster I give and bequeath (also subject as hereinafter mentioned) to my Granddaughter Harriet Louisa Wells the sum of One hundred pounds And I direct that the last mentioned legacies shall be paid to the several Legatees as soon as can be next after my decease I give and bequeath the Oil Painting of myself to my Daughter Harriet Wells for and during her natural life and at her decease I give the said Oil Painting to my Daughter Mary Ann Howe if then living if not then I give the same to my Daughter Hannah Abbott of Ipswich aforesaid Spinster And case both of them the said Mary Ann Howe and Hannah Abbott shall be dead at the time of the decease of the said Harriet Wells then I give the said oil painting to my said Granddaughter Harriet Louisa Wells I give and bequeath all my household furniture plate linen and china Books and other household effects in my dwelling house at the time of my decease unto my said Daughter Hannah Abbott absolutely And as to all the rest residue and remainder of my estate and effects whatsoever I give the same unto and to be equally divided between my said three daughters the said Harriet Wells Mary Ann Howe and Hannah Abbott share and share alike And in case the said Hannah Abbott shall die in my lifetime then I give her share under this will equally to be divided between her two sisters Harriet Wells and Mary Ann Howe And in case the said Harriet Wells shall die in my lifetime then the legacy of One hundred pounds hereinbefore bequeathed to the said Harriet Louisa Wells shall be void and in lieu thereof I give to the said Harriet Louisa Wells the one third part or share in the residue of my personal estate which her said Mother if living would have been entitled to And in case the said Mary Ann Howe shall die in my lifetime then the Legacy of Fifty pounds hereinbefore bequeathed to all the children of the said Mary Ann Howe shall be void and in lieu thereof I give to the said children of the said Mary Ann Howe the one third part or share of the residue of my personal Estate which their said Mother if living would have been entitled to I give devise and bequeath unto the said William Garrod and Harriet Wells all real estates vested in me as Mortgagee or Trustee To Hold to them the said William Garrod and Harriet Wells their heirs and executors administrators and assigns according to the qualities and natures of such estates respecively upon such trusts and subject to such equities as the same are now held by me And I declare that my said executors and each of them shall be chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in him or her reposed notwithstanding his or her giving or joining in giving any receipt for the sake of conformity And that neither of then shall be answerable for the other of them nor for the acts receipts neglects or defaults of the other of them nor for involuntary losses And that it shall be lawful for them respectly out of the monies which shall come to his and her respective hands to deduct retain and reimburse himself and herself all costs charges damages and expenses which he or she shall suffer sustain or be put onto in the execution of this my Will or in relation thereto Lastly I revoke all former wills and declare this to be my last In Witness whereof I have at the end or foot of this my Will set my hand this fourth day of December One thousand eight hundred and sixty one

Edward Grimes Abbott

Signed by the said Edward Grimes Abbott as and for his last Will and by us as witnesses

thereto all of us being present together at the time of said signing (the words "unto my said Daughter" being first interlined and the words "and that" struck through) /s H. Chamberlain /s Rachel Chamberlain} both of IpswichSource: http://www.languageandlaw.org/TEXTS/WILLS/ABBOTT.HTM

3. DO AND SHALL

(4) Notice of any application made under this section shall, if the Court so directs, be given to the council of the area (within the meaning of the Local Government Act 1993 ) in which

the land is situated, and to such other persons and in such manner, whether by advertisement or otherwise, as may be prescribed by rules of Court or as the Court may order (…)(7) An order under this section affecting land not under the provisions of the Real Property Act 1900 may be registered in the General Register of Deeds. No such order shall release or bind any land until it is so registered_____________________________________________________________________________8. Licensee Performance Obligations8.1 Provision of Notice of License Terms to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. 8.2 Protection from Unauthorized Use. Licensee shall use reasonable efforts to inform Authorized Users of the restrictions on use of the Licensed Materials. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, and/or (c) Licensee may terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing reasonable notice to Licensee (in no event less than 30 days) and cooperating with the Licensee to avoid recurrence of any unauthorized use. _____________________________________________________________________________(1) There shall be a Sentencing Guidelines Council (in this Chapter referred to as the Council) consisting of …(2) If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.(2) Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.(4) This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof, the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained. (6) In considering whether or how to exercise any of its powers under subsection (5) the court shall have regard to whether there is any justification for the failure to comply with the requirement.(7) A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b).Source: Criminal Justice Act 2003