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trust

beneficiaries, limited liability, legal title in the hands of trustees, and officers having duties of management called also common-law trust Massachusetts trust NOTE: A trust that qualifies as a business trust is eligible for bankruptcy protection under … a trust in which the settlor or trustee has duties to perform (as securing the property, ascertaining the objects of the trust, or making distributions) express trust : a trust intentionally created by the settlor ;specif :

Settled land

which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, … 1883, was retrospective, and though not repealing the Act of 1877, rendered its provisions comparatively useless. The main objects of the Settled Land Acts, 1882 to 1890, were to liberate tenants for life from the control of

Resumption

abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but … given with a view to any such use- (a) it shall, by virtue of this Act, be no objection that it relates to part only of the holding . . . See as to counter-notice to qui

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Factor

p. 612. The (English) Factors Acts of 1823, of 1825, of 1842, and of 1877, passed with the object of facilitating commerce by enabling factors to sell or pledge goods entrusted to them for sale, were amended … to sell goods or merchandise consigned or delivered to him by or for his principal, for a compensation commonly called factorage or commission. Hence he is often called a commission-merchant or consignee; and the goods received by

Remainder

(which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law. In the same land there may at the same time be an estate in possession, and one … introduced by the words 'from and immediately after the determination of that estate,' it would be liable to objection, on the ground that the remainder-man would be taking advantage of the condition unless the word 'determination' could

Distress

of the peace for the recovery of fines due on summary convictions. A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, … required from bailiffs, and the fees, charges, and expenses of distress, and also for carrying into effect the objects of the (English) Act of 1888, and the Law of Distress Amendment Act, 1895 (58 & 59 Vict.

witness

skill, training, or experience is qualified to provide testimony to aid the factfinder in matters that exceed the common knowledge of ordinary people hostile witness : adverse witness in this entry lay witness : a witness who … b : to take note of vi : to bear witness : give evidence adj : being an object or location used to ascertain a precise boundary point esp. on a corner of a tract when marking

Discovery

Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or … action to enforce a forfeiture [Mexborough v. Whitwood Urban District Council, (1897) 2 QB 111]. A party can object to make discovery of any document which may tend to incriminate him; see National Asscn. of Operative Plasterers

Possession

has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230. Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. … legal possession, and different persons at the same time in virtue of different proprietary rights. Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de

Perpetuity

so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property. The rule against perpetuities, or … be validated by the happening of any event subsequently to its creation. When a limitation might have included objects too remote it is invalid, notwithstanding the objects may actually be ascertained within the verge of the rule.

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