At The Instance Of - Law Dictionary Search Results
Home Dictionary Name: at the instance of Page: 3 Page 3 of about 49 results (0.004 seconds)Acceptance of service
Acceptance of service of writ of summons by solicitor in lieu of personal service on defendant. See R. S. C., Ord. IX., r. 1. Where with the authority of the defendant his solicitor accepts service of a writ and gives a written undertaking to 'enter an appearance in due course,' that undertaking is unconditional and must be performed forthwith, and at the instance of the plaintiff it can be enforced by attachment of the solicitor under R. S. C., Ord. XII., r. 18 [In re Kerly, (1901) 1 Ch 467]. It is necessary for the solicitor to have his client's authority [Re Gray, (1891) 65 LT 743]; and unless an undertaking to appear is given, personal service cannot be dispensed with [The Anna, (1891) 64 LT 332]; personal service also is requisite in divorce proceedings, De Niceville v. De Niceville, (1877) 37 LJ Mat 43....
ex relatione
ex relatione [Medieval Latin] : by or on the relation or information of NOTE: The abbreviation for ex relatione ex rel., is used in the title of informations and special proceedings to designate the interested individual, called the relator, at whose instance the state or public officer is acting. ...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
Casting vote
Casting vote, the vote given by the chairman or president of a deliberative assembly when the suffrages of the meeting are equal. The chairman, though not disqualified by law from voting, Nell v. Longbottom, 1894 (1) QB 767, is usually not entitled to vote in the first instance.The Speaker of the House of Commons (though he was no vote in the first instance) has a casting vote, and by the practice of the House gives it in favour of a motion or bill, so as to give opportunity for further consideration. So has the mayor or other chairman at a meeting of a town council (English) (Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 22, and Sched. II., r. 11), and the Chairman of a (English) Country Council (Local) Government Act, 1888 (51 & 52 Vict. c. 41), s. 75), and the chairman of a parish meeting, or Parish Council (Local Government Act, 1894 (56 & 57 Vict. c. 73), Sched. I., Pt. 2, r. 8, and Pt. 3, r. 10). These Acts have been replaced, except in regard to London, by the Local...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Name
Name [fr. nomen, Lat.; nom, Fr.; or namo, Goth.; nama, Sax.; naem, Dut.], the discriminative appellation of an individual.Proper names are either Christian names, as being given at baptism, or surnames, from the father, 4 Rep. 170.A Christian name may be altered at confirmation with consent of the bishop, and the bishop is directed by a Constitution of 1281 to change 'wanton names' at confirmation. See Blunt's Church Law, 2nd ed. at p. 60, where two post-Reformation instances are given of a bishop changing Christian name at confirmation, and it is said to be 'believed that cases still occur where this is done.'Marriage confers a name upon a woman, which is not lost by her divorce, and she can acquire another only by obtaining it by repute obliterating her name by marriage, see Fendall v. Goldsmid, (1877) 2 PD 263. As to retainer of a title, see Cowley v. Cowley, 1901 AC 450.Any one may take on himself whatever surname or as many surnames as he pleases, without an (English) Act of Parli...
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
Remand
Remand, means to return from one court to another especially lower court or from a court to an administrative agency, McCarton v. Estate of Watson, 693 2d 192 (1984).Remand, to re-commit, or send back to prison, one charged before a magistrate (see Indictable Offences Act, 1848, s. 21, and Summary Jurisdiction acts, 1848, s. 16 and 1879, s. 24), in the first instance for the sake of allowing further evidence to be collected and adduced at a further hearing.The act or instance of sending something (such as case, claim, or person) back for further action, Black's Law Dictionary, 7th Edn., p. 1295....
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
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