Enacting Clause - Law Dictionary Search Results
Home Dictionary Name: enacting clause Page: 2repealing clause
repealing clause : a clause in a statute repealing a previous enactment ...
Arrangements between debtors and creditors
Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition with creditors by resolutions passed at similar representative meetings to take the place of proceedings in bankruptcy. The (English) Bankruptcy Act, 1883, having repealed the Act of 1869 without re-enacting these clauses, arrangements with creditors outside the law of bankruptcy became common, and in order to legalize and regulate these arrangements, the (English) Deeds of Arrangement Act, 1887, was passed and amended in 1890 by 53 & 54 Vict. c. 24. The law has now been consolidated by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47), which repeals the Act of 1887, and also parts of the Bankruptcy and (English) Deeds of Arrangement Act, 1913, and contains practically the whole statute law on the subject. The Act is divided into five parts: (1) defining the deeds of arrangement...
Guardian
Guardian, means a person having the care of the person of a minor or his property or of both his person and property, and includes:(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by court, and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;Explanation.--For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specifies geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. [Hindu Minority and Guardianship Act, 1956 (32 of 1956), s. 4(b)]A guardian is one appointed by the wisdom and policy of the law to take care of a person and his affairs, who by reason of his imbecility and want of understanding is incapable of acting for his own interest (2...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
purview
purview [Anglo-French purveu est it is provided (opening phrase of a statute)] 1 : the body of a statute or the part that begins with Be it enacted and ends before the repealing clause 2 : the limit or scope of a law ...
Ac Etiam
Ac Etiam [and also]. The introduction to the statement of the real cause of action in cases where it was necessary to allege a fictitious cause in order to give the Court jurisdiction, Bouvier's Law Dict. The ac etiam clause appears to have been invented inconsequence of the enactment of 13 Car. 2, St. 2, c. 2, that the particular cause of action must be expressed in the writ where more than 40l. was claimed, Davison v. Frost, (1802) 2 East 305. See also LATITAT and BILL OF MIDDLESEX....
Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Enacting formula
Enacting formula, is the section of a Bill or statute which establishes the whole document as a law, A Dictionary of Law, William C. Anderson, 1889, p. 24.Is a short formal paragraph immediately after the title and Preamble (if any) of the Bill, which set forth the authority of the body by which the Bill is to be passed, Parliamentary Dictionary, L.A. Abraham & S.C. Hawtrey, 1956, p. 92 and H.M. Barclay, 3rd Edn., 1970.Is taken up for passing only when all the clauses and Schedules (including new clauses and new Schedules) have been disposed of, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, p. 92.Was adopted in 1954. It proceeds the clauses of the Bill, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001 p. 535...
Cowper-temple clause
Cowper-temple clause. S. 14(2) of the (English) Elementary Education Act, 1870 (33 & 34 Vict. c. 75), whereby 'no religious catechism or religious formulary, which is distinctive of any particular denomination,' migh tbe taught in a scholl provided by a School Board, and therefore may not be taught in any of the schools provided by local education authorities who have succeeded the School Boards. Re-enacted by the (English) Education Act, 1921 (11 & 12 Geo. 5, c. 51), s. 28 (2)....
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...
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