Double Value - Law Dictionary Search Results
Home Dictionary Name: double valueDouble value
Double value. This is a penalty on a tenant holding over after his landlord's notice to quit. By the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 1, if any tenant for life or years hold over any lands, etc., after the determination of his estate, after demand made, and notice in writing given, for delivering the possession thereof, by the landlord, or the person having the reversion or remainder therein, or his agent thereunto lawfully authorized, such tenant so holding over must pay to the person so kept out of possession at the rate of double the yearly value of the lands, etc., so detained, for so long a time as the same are detained. As to the effect of the (English) Rent and Mortgage Interest Restrictions Acts, 1920 and 1923, see Crook v. Whitbread, 147 LT 80. See now the Act of 1933, ss. 3, 4 (1), and Sched. See Woodfall's Landlord and Tenant....
Holding over
Holding over, keeping possession of land by a lessee after the expiration of his term, whereby if the possession is against the will of the landlord, he becomes a trespasser, but if he remains with the consent of the landlord, he becomes a tenant at will or he may simply remain on sufferance; if subsequent rent is accepted by his landlord he usually becomes tenant from year to year on the terms of the expired lease, Hyatt v. Griffiths, (1851) 17 QB 505.A tenant wrongfully holding over premises of which the value does not exceed 100l. a year may be ejected by proceedings in the county Court, under the County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), or if the term do not exceed seven years, or the rent 20l. a year, by proceedings before justices of the peace under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74). See also DOUBLE RENT; DOUBLE VALUE...
Geld
Geld, a mulct, compensation, value, price. Angeld is the single value of a thing; twigeld, double value, etc...
L'sio ulta dimidium vel enormis
L'sio ulta dimidium vel enormis, the injury sustained by one of the parties to an onerous contact when he had been overreached by the other to the extent of more than one-half of the value of the subject-matter-e.g., when a vendor had not received half the value of property sold, or the purchaser had paid more than double value, Colq. Rom. Civ. Law, s. 2094. See Moyle's 'Contract of Sale in Civil Law.'...
Ad terminum qui preterit
Ad terminum qui preterit, a writ of entry, which lay for a lessor or his heirs, where a lease of premises had been made for life or years, and after the term had expired the premises were withheld from the lessor or his heirs, by the tenant or other person in possession of them; but see now the titles, DOUBLE RENT and DOUBLE VALUE....
Double grants
Double grants, where by reason of their number or otherwise the executors appointed by the will do not all prove, power may be reserved to the non-proving executors to prove at a later date. The second grant will then be known as double probate. IT is made in general terms, but the value of the estate is sworn as the value of the assets remaining unadministered at the date of the second grant and not as the original value in the first grant, Halsbury's Laws of England 17, para 362, p. 455....
Double avail of marriage
Double avail of marriage, the double of the value of the vassal's wife's tocher, formerly due to the superior, when the vassal refused a wife equal to him and offered by the superior; but this was modified to three years' rent of the vassal's free estate, Old Scots Law....
Administration bond
Administration bond. The bond, usually for double the value of the property placed in possession of the administrator of the grant required under s. 167(1) of the (English) Jud. Act, 1925, as amended by the (English) Administration of Justice Act, 1928, Schedule 7, from every person to whom a grant of administration of a deceased person's estate has been made. As a rule, two sureties are also required. The conditions of the Bond are (1) to make and exhibit an inventory; (2) to administer according to law; (3) to exhibit any later will if found, and then deliver up the letters of administration. See (English) Jud. Act, 1925, and Probate Rules, 1925; and see ADMINISTRATION....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
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