Constructive Notice - Law Dictionary Search Results
Lien
for nemo plus juris ad alium transferre potest, quam ipse habet. There must also be an actual or constructive possession by the party asserting it, with the express or implied asset of the party against whom it … arising by implication of equity on the property in the hands of any one who holds it with notice subject to any formalities which may be required by law such as registration (see LAND CHARGES; NOTICE). Such
Insurance
frauds by insuring the full value in various offices, there is, in the proposals issued, an article requiring notice of any other insurance upon the same houses or goods, that the same may be specified and allowed … Policy' is set out in the schedule to the Act of 1906, which also gives Rules for its construction. Besides individual underwriters and companies, there are associations formed by ship-owners, who agree, each entering his ships for
Covenant
owners and occupiers for the time being, see s. 79 (3), (English) L.P. Act, 1925) who take with notice of the restriction under the rule in Tulk v. Moxhay, 2 Ph 774, and these covenants if made … made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour
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Annuity
by marriage settlement or will did not affect lands or hereditaments as against purchasers, mortgagees or creditors without notice unless it was registered, 18 & 19 Vict. c. 15, ss. 12, 13; Greaves v. Tofield, (1880) 14 … source of payment is mixed and consists of real and personal estate, its nature will depend upon the construction which the Court will give to the grant. In a will an annuity of this kind in prima
substituted service
or by leaving it at a defendant's place of business or residence or with an agent) called also constructive service … substituted service : the service of a writ, process, or summons otherwise than by personal service (as by mail or publication or by leaving it at a defendant's place
deposit
loan for use at loan NOTE: Like the common-law bailment, the civil law deposit requires either actual or constructive delivery. necessary deposit : a deposit compelled by a sudden emergency NOTE: The Louisiana Civil Code deems the … a bank esp. to one's credit demand deposit : a bank deposit that can be withdrawn without prior notice general deposit : a deposit of money in a bank that is to the credit of the depositor
Tree
Tree. Overhanging branches may be cut by an adjoining owner without notice to the owner of the tree, provided that the adjoining owner does not go upon the land of
Deed
or interest, and, amongst these, trustees follow real owners. Lastly, those who are inserted to fix them with notice of the deed, as creditors, legatees, trustees, and executors. When a person acts in two or more capacities, … as an aid to collect the intention of the parties to the instrument, and a key to its construction. Thus a recital may restrain the effects of general phraseology in the operative part of a deed, and
Bail
The effect of granting bail is to release the accused from internment thought the court would still retain constructive control over him through the sureties. In case the accused is released on his own bond such constructive … bail in felony or misdemeanour, where the party is in custody, must in the first instance be by summons at chambers for a writ of habeas corpus or to show cause why the defendant should not be
Service
formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372. The formal mode of bringing a writ or … funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair conveying of news or information and advertising. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(z) ]
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