Delivery Order - Law Dictionary Search Results
Home Dictionary Name: delivery orderDelivery order
Delivery order, a delivery order is an order by the owner of goods directing the person who holds them on his behalf to deliver them to the person named in the order, Jaggilal K. Pratapmal Rameshwar, AIR 1978 SC 389 (396). [Sale of Goods Act, 1930, s. 2(4)]--A writing directed to the bailee of goods mentioned in the order requesting him to deliver over the goods to the person named in the order. Such an order is a 'document of title' within the (English) Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1 (4), and the (English) Sale of Goods Act, 1893 (56 & 57 Vict.c. 71), s. 62(1). See Chitty's Statutes, tits. 'Factors' and 'Goods.' As to the effect on innocent parties of a delivery order which is fradulent, see Union Credit Bank v. Mersey Docks, (1899) 2 QB 205; Farquharson Bros. v. King, 1902 AC 325....
Liberate
Liberate, a writ that lay for the payment of a yearly pension or other sum of money, granted under the Great Seal, and addressed to the treasurer and chamberlain of the Exchequer. Also a writ to the sheriff for the delivery of possession of lands and goods extended or taken upon the forfeiture of a recognizance. Also a writ that issued out of Chancery, directed to a gaoler, for delivery of a prisoner who has put in bail for this appearance, Fitz. N.B. 432....
delivery
delivery pl: -er·ies : an act that shows a transferor's intent to make a transfer of property (as a gift) ;esp : the transfer of possession or exclusive control of property to another actual delivery : a delivery (as by hand or shipment) of actual physical property (as jewelry or stock certificates) conditional delivery : a delivery after which ownership will be transferred upon fulfillment of a condition compare gift causa mortis at gift NOTE: A conditional delivery is usually made in order to make a transfer revocable. constructive delivery : a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control called also symbolic delivery ...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The 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 other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Delivery, writ of
Delivery, writ of. See EXECUTION....
Livery
Livery [fr. livrer, Fr.,], the act of giving possession, now superseded by the Real Property Act, 1845 (8 & 9 Vict. c.106), s. 2. 'Livery of seisin simply means the delivery of the feudal possession'; Williams on Seisin, p. 99. Also, release from wardship; also the writ by which possession was obtained; also, simply delivery, as a horse is said to stand at livery where the livery stable keeper delivers him to the owner for use as required. In London, the collective body of liverymen. Also the privilege of a particular company or society. See SEISIN....
Possession, Writ of
Possession, Writ of, the process of execution in an action of ejectment. A judgment for the recovery,or for the delivery of the possession of land maybe enforced by writ of possession (R.S.C. 1883,...
Delivery of possession
Delivery of possession. This is obtained in an action by writ of possession (see POSSESSION, WRIT OF), and in the case of small tenements by a justice's order (see DESERTED PREMISES)....
Detinue
Detinue, an action by a plaintiff who seeks to recover the goods in specie, or on failure thereof the value and also damages for the detention. The grounds of the action are: (1) a property in the plaintiff, either absolute or special (at the time of action brought) in personal goods, which are capable of being ascertained; (2) a possession in the defendant by bailment, finding, etc.; (3) an unjust detention on the part of the defendant.The form of action of detinue was abolished by the Judicature Acts, but an action brought for the return of a specific chattel is still called an action of detinue. The vexed question as to whether detinue is or was founded on tort or contract is now only of importance in relation to costs, Bryant v. Herbert, (1878) 3 CPD 389] and in bankruptcy.As to the actual recovery of a chattel detained, see R. S.C. 1883, O. XLVIII., taken from (English) C.L.P. Act, 1852, s. 78, by which a writ of delivery may be issued ordering the sheriff to distrain upon the def...
To whom possession of the land shall be given
To whom possession of the land shall be given, the words 'to whom possession of the land shall be given' contained the mandate under which the Collector derived powers of directing that the possession of the land was to be given by the tenant to the owner whose name was specified in the Collector's order. Once delivery of possession of the land to the person specified in the order made under sub- s. (1) of 7 had been effected the Collector stood discharged from all liability in respect of such delivery, Dasaudha Singh v. State of Haryana, AIR 1973 SC 710: (1973) 2 SCC 393: (1973) 2 SCR 1006....
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