Executive Order - Law Dictionary Search Results
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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...
Provisional Order
Provisional Order, an order by a Government department, called 'provisional' because it is of no force unless and until it is confirmed by Act of Parliament. In some cases, these orders are to have effect unless petitioned against or objected to by Parliament.Procedure by provisional order has been increasingly and necessarily used in modern times for a very great variety of purposes; but the tendency in these orders to confer arbitrary powers upon the executive without appeal or with an appeal to the same executive exclusively has been severely commented upon by the judiciary and publicists: see LORD HEWARI, L.C.J., and next title....
Elegit
Elegit (he has chosen), a judicial writ of execution founded on the statute of Westminster II. (13 Edw. 1, c. 18), by which it became, in the election of a party having recovered judgment, either to have a writ of fieri facias (see that title) or else to seize all the chattels and half the land of the judgment debtor in specie until judgment satisfied.The writ of elegit was extended by the (English) Judgments Act,1838 (1 & 2 Vict. c. 110), to all the debtor's lands instead of a moiety as before, and also to his copyhold lands; but it does not now extend to good. [(English) Bankruptcy Act, 1883, s. 146]After the writ has been returned and filed, the creditor becomes tenant by elegit; the legal estate vests in him, and he can bring ejectment or sue for the rent if the estate is in reversion, Hatton v. Haywood, (1874) LR 9 Ch 236. See R.S.C., Ord. XLIII. The writ will not affect the legal estate against a purchaser unless it is registered and re-registered every five years at the (English...
Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
Speedy execution
Speedy execution. A plaintiff having obtained a verdict in a cause was not entitled to issue execution until fourteen days, unless a judge should order execution to issue at an earlier period, which was called 'speedy execution.'-C.L.P. Act, 1852, s. 120, and H.T. 1853, r. 57. Under the Jud. Acts, immediate execution is the rule. See EXECUTION....
Pr'cipe
Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....
Marriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Executive function
Executive function, it may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The executive function comprises both the determination of the policy as well as carrying it into execution. This evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State, Ram Janaya Kapur v. State of Punjab, AIR 1955 SC 549 (555, 556): (1955) 2 SCC 225....
Same suit
Same suit, enable the party to obtain incidental reliefs in the suit, but not relating to the execution of the decree. Decree-holder has to approach appropriate court by filing separate application to execute the decree, Balasa Sarada w/o Seethapathi v. Talluri Anasuyamma, AIR 2007 AP 130....
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