Necessary And Proper Clause - Law Dictionary Search Results
necessary and proper clause
Matched in: Term necessary and proper clause
power
is not specifically delegated to the federal government by the U.S. Constitution but that is implied by the necessary and proper clause to be delegated for the purpose of carrying out the enumerated powers see also McCulloch v. Maryland in
Deed
text of a conveyance inter partes in a formal and well-understood sequence; and although it is not absolutely necessary that a deed should be drawn in accordance with the generally received formulary, provided it exhibits the intention … it and those claiming under them. (c) Testatum, * witnessing or operative clause, comprehending:- 1. The consideration and its receipt. When a deed contains more … 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,
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Abstract of title
solicitor of the proposed purchaser or mortgagee, who compares it with the original title-deeds, and makes requisitions (when necessary), in order to ascertain any important but undisclosed facts, to remedy any defects, or to dissipate any doubts … Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title … his client's expense (except on sales to a company under the Lands Clauses Act, 1845, s. 22, when it must be borne by the company,
Precedent
published from time to time as models which a practitioner can safely follow, after adaptation so far as necessary to his own particular case. See Davidson's Precedents in Conveyancing; Bythewood and Jarman; Key and Elphinstone, Prideaux, Encyclop'dia … every observation found therein nor what logically follows from the various observations made in it. It is not proper to extract a sentence here and there from a judgment and to build upon it, State of Orissa … in doubt as to the construction of s. 46 of the Railways Clauses Consolidation Act, 1845, followed two Irish cases. In Chislett v. Macbeth &
Parol evidence
different consideration consistent with, and not repugnant to, that stated in the deed itself; (5) where it becomes necessary to show a different time of delivery from that at which the deed purports to have been made; … to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or … formation of the deed is relied on to avoid it. If a clause in a deed be so ambiguously or defectively expressed that a Court
Salvage
sum to be paid, adjusts the proportions, and takes care of the property pending the suit; or, if necessary, directs a sale and divides the proceeds between the salvors and the proprietors. In fixing the rate of … Admiralty has jurisdiction, and fixes the sum to be paid, adjusts the proportions, and takes care of the property pending the suit; or, if necessary, directs a sale and divides the proceeds between the salvors and the … Shipping (Safety and Load Line Conventions) Act, 1932; and SUE AND LABOUR CLAUSE. 1. The rescue of imperiled property 2. The property saved or remaining
Act of Parliament
extended to those of a superior; (7) where the provision of a statute is general, everything which is necessary to make such provision effectual is supplied by the Common Law; (8) a subsequent statute may repeal a … re-enacting the former), having supplied more than 2,000 short titles. All the Acts of a session together make properly but one statute, and therefore, when two sessions have been held in one year, stat. or sess. 1 … setting particular estates. There is a further class of Acts which contain clauses frequently required in local Acts. The provisions of such general Acts are
Debenture
See s. 60 of that Act, but double registration under the (English) Land Charges Act, 1925, is not necessary. S. 10(5) provides that registration of a land charge for securing money which has been registered under the … 1); and a document which, though it mentions to security and is only a promise to pay, is properly described as a debentures, and as a marketable security will require to be stamped as such, Spenyer v. … debentures (under the term 'mortgage or bond') is required by the Companies Clauses Consolidation Act, 1845, in the case of a company incorporated by Special
Wills
at his death; and s. thirty and thirty-one deal with the estates of trustees. As to the expressions necessary to execute a general power, the twenty-seventh s. enacts that a devise or bequest in general terms of … 'reasonable parts.' See REASONABLE PARTS. The third s., termed the 'general enabling clause,' as explained by the Law of Property Act, 1925, s. 178, enacts … will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when
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