Deed Poll - Law Dictionary Search Results
Home Dictionary Name: deed pollDeed-poll
Deed-poll, a single deed in the form of a manifesto or declaration to all the world of the grantor's act and intention. If there be no recital it usually speaks in the first person, but where recitals are introduced it speaks in the third person. See DEED.A deed poll is a deed made by and expressing the active intention of one party only, or made by two or more persons joining together in expressing a common active intention of them all. A deed poll is so called because the parchment required for such deeds has usually been shared even which evidences some act or agreement between them other than the mere consent to join in expressing the same active intention on the part of all. An indenture derives its name from the fact that the parchment on which such a deed was written was indented or cut with a waving or indented line at the top. Co Litt 229, Halsbury's Laws of England 13, para 3, p. 5....
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...
Deed poll
A deed of one part or executed by only one party and distinguished from an indenture by having the edge of the parchment or paper cut even or polled as it was anciently termed instead of being indented...
Covenant
Covenant [fr. Covenant, Fr.], any agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stiuplates for the truth of certain facts. He who thus promises is called the covenantor; and he to whom it is 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 of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is limited for its performance, that it be performed in a reasonable time.Covenants are personal obligations; formerly the did not bind theheirs of the covenanter unless the heirs were named and inthat case only to the extent of the lands descended, but if made ...
Indenture
Indenture, a deed indented between two or more parties, so called because duplicates of every deed inter partes were once written on one skin. The skin was cut in half irregularly or which a jagged edge: so when the duplicates were produced in Court they were seen to belong to one another by fitting into one another. By the (English) Law of Proper-ties Act, 1925, s. 56(2), reproducing (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5, it is provided that a deed purporting to be an indenture shall have the effect of an indenture though not indented or expressed to be an indenture. Under s. 57, (English) L.P. Act, 1925, an indenture or any other deed may be described according to the nature of the transaction intended to be effected.Means a formal written instrument made by two or more parties with different interests, traditionally having the edges serrated, or indented, in a zig zag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. A deed o...
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Charta de una parte
Charta de una parte, a deed-poll. See DED POLL....
Polled
Deprived of a poll or of something belonging to the poll Specifically a Lopped said of trees having their tops cut off b Cropped hence bald said of a person ldquoThe polled bachelorrdquo Beau amp Fl c Having cast the antlers said of a stag d Without horns as polled cattle polled sheep...
Poll
Poll, to give a vote at an election; also to receive a vote; also a taking of votes of all persons entitled to vote present, by proxy, or otherwise, as opposed to counting the votes of voters present at a meeting.As to taking a poll at parliamentary and municipal elections by secret voting, see the Ballot Act, 1872.Wherever a person has to be chosen, or a thing may be ordered to be done by the majority of persons entitled to vote, there is a Common Law right to demand a poll, so that all entitled to vote may have a second opportunity of voting, Reg. v. Wimbledon Local Board, (1881) 8 QBD 459, better reported, 46 LT 47. Voting papers are allowed if the Articles of Association or other regulations so provide, McMillan v. Le Roi Mining Co. Ltd., (1906) 1 Ch 331, and s. 116, Companies Act, 1929. As to the power of the chairman to direct a poll to be taken forthwith, i.e., at the meeting, see Re Chillington Iron Co., (1885) 29 Ch D 159; Re British Flax Co., (1889) 60 LT 215. The taking of a...
Poll-money, Poll-silver, Poll-tax
Poll-money, Poll-silver, Poll-tax, a capitation-tax. It was formerly assessed by the head on every subject according to rank....
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