Became - Law Dictionary Search Results
Home Dictionary Name: becameUses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Holder in due course
Holder in due course is 'a holder who has taken a bill of exchange [cheque or note], complete and regular on the face of it,' under the following conditions, namely:-(a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact.(b) That he took the bill [cheque or note] in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it, Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 29.A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge has not been dishonoured, Black's Law Dictionary, 7th Edn.In R. E. Jones Ltd. v. Warning and Gillow Ltd., 1926 AC 670, it was held that the original payee of a cheque is not a holder in due course within the meaning of the Bill of Exchange Act, 1882.Means any person who for cons...
Eastern Church
That portion of the Christian church which prevails in the countries once comprised in the Eastern Roman Empire and the countries converted to Christianity by missionaries from them Its full official title is The Orthodox Catholic Apostolic Eastern Church It became estranged from the Western or Roman Church over the question of papal supremacy and the doctrine of the filioque and a separation begun in the latter part of the 9th century became final in 1054 The Eastern Church consists of twelve thirteen if the Bulgarian Church be included mutually independent churches including among these the Hellenic Church or Church of Greece and the Russian Church using the vernacular or some ancient form of it in divine service and varying in many points of detail but standing in full communion with each other and united as equals in a great federation The highest five authorities are the patriarch of Constantinople or ecumenical patriarch whose position is not one of supremacy but of precedence th...
Apportionment
Apportionment, a division of a whole into parts (usually unequal) proportioned to the rights of more claimants than one. It is either (1) Apportionment in respect of time, or (2) Apportionment in respect of estate.Apportionment in respect of Time.--At Common Law there is no apportionment in respect of time. when a successor in interest succeeds just before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. 127). This was remedied by 11 Geo. 2, c. 19, s. 25, which apportioned rent between the representatives of a deceased tenant for life, and the person succeeding in remainder, and by 4 & 5 Wm. 4, c. 22, passed to obviate doubts which had arisen upon the earlier Act.The (English) 'Apportionment Act, 1870' (33 & 34 Vict. c. 35) now provides (but without repealing the above Acts) that all rents, annuities, and dividends, and other periodical payments in the nature of income shall, like int...
Be capitalised and distributed
Be capitalised and distributed, The expression 'be capitalised and distributed' in the resolution means 'is hereby capitalised and distributed'. In fact the whole tenor of the resolution shows that the distribution of the bonus shares became effective as from 30th Dec., 1954. If the ordinary shareholders became the owners of the bonus shares on and after Jan. 1, 1955 or on some later date, Shri Gopal Paper Mills v. CIT, (1971) 1 SCR 323: (1970) 2 SCC 80 (85): AIR 1970 SC 1750....
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Feoffment
Feoffment [fr. feoffare, to give a feud,] the transfer of freehold land, in ancient times, by word of mouth and livery of seisin, i.e., by the delivery to the transferee of corporal possession of the land or tenement; see 2 Bl. Com. 310. Writing and deed (theretofore having become gradually more usual) were successively required by the (English) Statute of Frauds (29 Car. 2, c. 3, s. 1), and the (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 3; and by s. 2 of the latter Act, all real property, as regards conveyance of the immediate freehold thereof, is transferable as well by grant as by livery, so that a transfer by deed alone is all that is necessary, and transfer by livery, though not in terms abolished, became obsolete before the (English) Law of Property Act, 1925, s. 51, which declares that all lands and interests therein lie in grant and are incapable of being conveyed by livery or by livery and seisin, or by feoffment, and by s. 52 all conveyances of land or any int...
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