Appendant - Law Dictionary Search Results
Home Dictionary Name: appendantAppendant
Appendant, a thing of inheritance belonging to another inheritance which is more worthy; as an advowson, common, etc., which may be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, etc. It differs from appurtenance, in that appendant must ever be by prescription, i.e., a personal usage for a considerable time, while an appurtenance may be created at this day, for it a grant be made to a man and his heirs of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 121 b. see APPURTENANCES, COMMON....
power appendant
power appendant see power ...
Advowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Hereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Appurtenances
Appurtenances, belonging to another thing, as hamlets to a manor, and common of pasture, turbary, etc.; liberties and services, outhouses, yards orchards, and gardens are appurtenant to a messuage, but lands cannot properly be said to be appurtenant to a messuage, Com. Dig., tit. 'Appendant and Appurtenant.' The word 'appurtenances' will be construed strictly [Re Peck, (1893) 2 Ch 315], but it has a secondary meaning equivalent to 'usually occupied with'; see Roe v. Siddons, (1888) 22 QBD 236, per Fry. (LJ).A right of common 'appurtenant' must be the subject of a grant, express or implied by prescription; 'appendant,' is a right by common law incident to certain grants made before the Statute 'Quia Emptores' 1290 (18 Edw. 1, c. 1).The right to compensation upon extinguishment of manorial incidents is a right appertaining to a manor; (English) L. P. Act, 1925, s. 52, replacing and extending the Conveyancing Act, 1881, s. 6....
Error apparent on the face of the record
Error apparent on the face of the record, in the case of a reasoned award, the Court can interfere if the award is based upon a proposition of law which is unsound in law. The erroneous proposition of law must be established to have vitiated the decision. The error of law must appear from the award itself or from any document or note incorporated in it or appended to it. It is not permissible to travel beyond and consider material not incorporated in or appended to the award, Trustees of the Part of Madras v. Engg. Constructions Corp. Ltd. [Arbitration Act, 1940, s. 30(c) and 16(1)(c)]...
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Schedule
Schedule, a small scroll; a writing additional or appendant, as a list of fixtures in a lease or details of any matter contained in the body of a deed, document., or of enactments repealed and other supplementary matter in an Act of Parliament, e.g., the Merchant Shipping Act, 1894, which has twenty-two schedules; an inventory.--shall mean a schedule to the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897), s. 3(52)]Schedule, in the House of Commons, when a Bill is under consideration, the Schedule is taken up after all the clauses and new clauses have been considered; this order may be changed by moving a motion to that effect and the Schedule may be considered after the clause to which it is related. A Schedule can be amended like any clause, new Schedule can also be moved and considered, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 494.Schedule, is a list, catalogue, or inventory of details, often as an explanatory supplement to a Will, ...
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