Lawful Alienation - Law Dictionary Search Results
Home Dictionary Name: lawful alienation Page 1 of about 60 results (0.003 seconds)Lawful alienation
Lawful alienation, lawful alienation in this context means not necessarily for a family necessity but alienation made competently in accordance with law, Shripad Gajanan Suthankar v. Dattaram Kashinath Suthankar, AIR 1974 SC 878 (879): (1974) 2 SCC 156: (1974) 3 SCR 474....
lawful permanent resident alien (lpra)
lawful permanent resident alien (lpra) Lawful permanent resident. Source: Department of State. March 2007. ...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Alien enemy
Alien enemy, a subject of a nation which is at war with this country. A contract with him is void, Brandon v. Nesbitt, (1794) 6 TR 23, unless he have a safe conduct or be living in this country by licence of the Crown; and so is a contract with his wife, De Wahl v. Braune, (1856) 25 LJ Ex 343. Further, not only commercial intercourse but all intercourse with an alien enemy is prohibited by the common law; see The Hoop, (1799) 1 C Rob 196, where Sir William Scott described an alien enemy as 'totally ex lege'; The Cosmopolite, (1801) 4 C Rob 8; The Panariellos, (1915) 138 LT Journ 484. Nor can an alien enemy exercise a right of voting in respect of shares in an English company, Robson v. Premier Oil Co., 1915 (2) Ch 124, nor (unless within the realm by the King's licence) can he sue here during the war, though he remains liable to be sued, Porter v. Freudenbery, 1915 (1) KB 857. As to the Crown's right at common law to forfeit the private property of subjects of an enemy state, see In re...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Poor laws
Poor laws. By the (English) Poor Relief Act, 1601, (43 Eliz. c. 2), frequently called 'The Act of Elizabeth,' overseers of the poor were annually appointed in every parish; the churchwardens of every parish being also ex-officio overseers, except in rural parishes, in which the churchwardens ceased to be overseers by virtue of the Local Government Act, 1894.Overseers of the Poor and Boards of Guardians were abolished (overseers from 1st April, 1927, boards of guardians from 1st April, 1930, except in the Scilly Islands) by the Rating and Valuation Act, 1925, and their powers, duties and property were transferred to local authorities.By the Poor Law Amendment Act, 1834, the administration of the parochial funds and the management of the poor throughout the country were placed for five years under the control of a central board called 'The Poor Law Commissioners'; succeeded in 1847 by a temporary 'Poor Law Board' made perpetual, after many continuances, in 1867; and in 1871, by 'The (Eng...
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
Status
Status. The legal position or condition of a person. in Roman law this term indicated the position of a persona. A full Roman citizen must have possessed the status liberatatis, famili', and civitatis, which are sometimes called tria capita. See Sandars' Justinian; Mackenzie's Roman Law, 4th Edn. p. 81. The law of status thus classified men as slaves and free, citizens and aliens-as equals and unequals, so that it may be called the law of inequality. Much in the same way the term 'status' is used at the pesent time in connection with the law of persons, in which connection it signifies some disability or special right or treatment by the law.In Scotland, with few exceptions, actions affecting status must be brought in the Court of Session.Status determines a person's legal condition in community by reference to some legal calls or group and cannot normally be voluntarily changed. The imposition of status carries with it attribution of a fixed quota of capacity and incapacities, but it ...
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