See also:

• RESTRAINT (from " to restrain," Lat. restringere, to hold back, prevent)

RESTRAINT (from " to restrain," See also:

• LAT

Lat. restringere, to hold back, prevent)  , in See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, a restriction or See also:

• LIMITATION, STATUTES OF

limitation . The word is used particularly in three connexions: .I . See also:

• RESTRAINT (from " to restrain," Lat. restringere, to hold back, prevent)

Restraint on Anticipation . Although it is a principle of See also:

• ENGLISH

English law that there can be no restriction of the right of See also:

• ALIENATION (from Lat. alienus, belonging to another)

alienation of See also:

• PROPERTY

property vested in any See also:

• PERSON, OFFENCES AGAINST THE

person under an See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument, See also:

• EQUITY (Lat. aequitas)

equity makes an exception in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of a married woman, and has laid down the See also:

• RULE

rule that property may be so settled to the See also:

• SEPARATE

separate use of a married woman that she cannot, during See also:

• COVERTURE (a covering, an old French form of the modern couverture)

coverture, alienate it or anticipate the income . Restraint on anticipation attaches only during coverture and is therefore removed on widowhood, but it may attach again on remarriage . By the See also:

• CONVEYANCING

Conveyancing See also:

• ACT (Lat. actus, actum)

Act 1881, s . 39, a See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court may however, if it thinks See also:

• FIT

fit, by See also:

• JUDGMENT

judgment or See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order bind a married woman's See also:

• INTEREST

interest in her property, with her consent, if it appears to be for her benefit, notwithstanding that she is restained from anticipating . 2 . Restraint of See also:

• MARRIAGE

Marriage.—A See also:

• GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence)

gift or See also:

• BEQUEST (from 0. Eng. becwethan, to declare or express in words; cf. " quoth ")

bequest to a person may have a See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition attached in restraint of marriage . This condition may be either See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general or partial . A condition in general restraint of marriage is void, as being contrary to public policy, although a condition in restraint of a second marriage is not void . A condition in partial restraint of marriage is valid, and may be either to restrain marriage with a particular class of persons, e.g. a papist, a domestic servant, or a Scotsman, or under a certain See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age .

3 . Restraint of See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

Trade.—A See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract in general restraint of trade is void as being against public policy . In the leading case of See also:

• MITCHELL
• MITCHELL, DONALD GRANT (1822—1908)
• MITCHELL, MARIA (1818—1889)
• MITCHELL, SILAS WEIR (1830-)
• MITCHELL, SIR THOMAS LIVINGSTONE (1792-1855)

Mitchell v . See also:

• REYNOLDS, JOHN FULTON (182o-1863)
• REYNOLDS, SIR JOSHUA (1723-1792)
• REYNOLDS, WALTER (d. 1327)

Reynolds, 1711, I See also:

• SMITH
• SMITH, ADAM (1723–1790)
• SMITH, ALEXANDER (183o-1867)
• SMITH, ANDREW JACKSON (1815-1897)
• SMITH, CHARLES EMORY (1842–1908)
• SMITH, CHARLES FERGUSON (1807–1862)
• SMITH, CHARLOTTE (1749-1806)
• SMITH, COLVIN (1795—1875)
• SMITH, EDMUND KIRBY (1824-1893)
• SMITH, G
• SMITH, GEORGE (1789-1846)
• SMITH, GEORGE (184o-1876)
• SMITH, GEORGE ADAM (1856- )
• SMITH, GERRIT (1797–1874)
• SMITH, GOLDWIN (1823-191o)
• SMITH, HENRY BOYNTON (1815-1877)
• SMITH, HENRY JOHN STEPHEN (1826-1883)
• SMITH, HENRY PRESERVED (1847– )
• SMITH, JAMES (1775–1839)
• SMITH, JOHN (1579-1631)
• SMITH, JOHN RAPHAEL (1752–1812)
• SMITH, JOSEPH, JR
• SMITH, MORGAN LEWIS (1822–1874)
• SMITH, RICHARD BAIRD (1818-1861)
• SMITH, ROBERT (1689-1768)
• SMITH, SIR HENRY GEORGE WAKELYN
• SMITH, SIR THOMAS (1513-1577)
• SMITH, SIR WILLIAM (1813-1893)
• SMITH, SIR WILLIAM SIDNEY (1764-1840)
• SMITH, SYDNEY (1771-1845)
• SMITH, THOMAS SOUTHWOOD (1788-1861)
• SMITH, WILLIAM (1769-1839)
• SMITH, WILLIAM (c. 1730-1819)
• SMITH, WILLIAM (fl. 1596)
• SMITH, WILLIAM FARRAR (1824—1903)
• SMITH, WILLIAM HENRY (1808—1872)
• SMITH, WILLIAM HENRY (1825—1891)
• SMITH, WILLIAM ROBERTSON (1846-'894)

Smith L . C., it was laid down that " it is the See also:

• PRIVILEGE

privilege of a trader in a See also:

• FREE

free See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice . If the law has regulated or restrained his mode of doing this, the law must be obeyed . But no See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power See also:

• SHORT, FRANCIS JOB (1857– )

short of the general law ought to restrain his free discretion." It has been suggested that the rule See also:

• DATES

dates from a See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time when a See also:

• COVENANT
• COVENANT (an O. Fr. form, later convenant, from convenir, to agree, Lat. convenire)

covenant by a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man not to exercise his own trade meant a covenant not to exercise any trade at all—every man being obliged to confine himself to the trade to which he had been apprenticed . However, contracts which are only in partial restraint of trade are See also:

• GOOD, JOHN MASON (1764-1827)

good . A contract not to carry on the business of an ironmonger would be See also:

• BAD, BCD

bad; but a contract made by the seller of an ironmonger's business not to compete with the buyer would be good . To make such a contract binding it must be founded on a valuable See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration and must not go beyond what is reasonably necessary for the See also:

• PROTECTION

protection of the other party . This is the tendency also of the law in the See also:

• UNITED

United States . See See also:

• MATTHEW, GOSPEL OF ST
• MATTHEW, ST (MaOOaior or MarOaIos, probably a shortened form of the Hebrew equivalent to Theodorus)
• MATTHEW, TOBIAS

Matthew on Restraint of Trade (1907) .