Attestation - Law Dictionary Search Results
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Attestation, the signing by a witness to the signature of another of a statement that a document was signed in the presence of the witness. The (English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), s. 7 (applicable both to civil and criminal cases), renders it unnecessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may now be proved by admission, or otherwise, as if there had been no attesting witness. Wills and codicils (1 Vict. c. 26), warrants of attorney and cognovits (1 & 2 Vict. c. 110), agreements with crews of 'foreign-going' ships ((English) Merchant Shipping Act, 1894, s. 115), and bills of sale (see BILL OF SALE) require attestation.As to the attestation of deeds in execution of certain powers of appointment, see (English) Law of Property Act, 1925, s. 159, replacing (English) Law of Property Amendment Act, 1859, s. 12.As to attestation by a justice of the peace of the enlistment of a rec...
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Attestation and attesting witness
Attestation and attesting witness, by attestation is meant the signing of a document to signify that the attestor is a witness to the execution of the document; and by s. 63(c) of the Succession Act, an attesting witness is one signs the document in the presence of the executing after seeing the execution of the document or after receiving a personal acknowledgment from the executant as regards the execution of the document, Beni Chand v. Kamla Kumar, AIR 1977 SC 63 (67): (1976) 4 SCC 54. [Evidence Act (1 of 1872) s. 68]...
attestation clause
attestation clause : a clause at the end of a will in which the witnesses state that the will was signed and witnessed with all the formalities required by law and which often sets forth those requirements ...
Attested copy
Attested copy, a verified transcript of a document....
attest
attest [Latin attestari, from ad to + testari to call to witness, from testis witness] vt : to bear witness to : affirm to be true or genuine ;specif : to authenticate (as a will) by signing as a witness vi : to bear witness : testify often used with to at·tes·ta·tion [a-tes-tā-shən] n ...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Bill of sale
Bill of sale, an assignment by deed of chattels personal, whether absolute or by way of security. See Twyne's case, (1602) 3 Rep. 80 [44 Eliz.], and 1 Sm. L. C. 1 et seq., where the principal cases are collected.The registration of bills of sale was first required in 1854 by 17 & 18 Vict. c. 31, which enacted that every bill of sale should be void as against assignees in bankruptcy and execution creditors, unless the bill or a copy thereof should have been filed in the Court of Queen's Bench within 21 days after its execution, together with an affidavit of the time of the bill of sale being given, and a description of the residence and occupation of the deponent and of every attesting witness of the bill of sale. In 1866, by 29 & 30 Vict. c. 96, registration had to be renewed every five years. The two Acts were consolidated with some important amendments by the (English) Bills of Sale Act, 1878 (41 & 42 Vict. c. 31). The principal amendments were these:-The period within which to regis...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Appointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
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