Parting With Possession - Law Dictionary Search Results
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Title to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
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...
Settlement
Settlement, means an agreement ending a dispute or a law suit, Black's Law Dictionary, 7th Edn., p. 1377.Settlement, suggests that, in the process of vesting, the right to possession in such lands is also vested in the State, and thereafter it is settled back with the outgoing proprietor by the operation of law, Brijnandan Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 589.Settlement, the act of giving possession by legal sanction; a jointure granted to a wife; a disposition of either real or personal property or both for the benefit of one person for his life, and after his death for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY.The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way that differs from what the beneficiaries would receive as heirs under ...
Administration
Administration, the giving or supplying of something. The term is used in three different senses. (1) granting of letters of administration to an administrator by the Probate Division. (2) The administration of the estate of a deceased person by an executor or administrator, i.e., the payment of his debts and the distribution of his assets among the persons entitled. See ss. 32 et seq., First Sched., Part III., of the (English) Administration of Estates Act, 1925, and Re Tony, (1931) 1Ch 202. (3) The administration of the estate by the Chancery Division in cases where difficulties have arisen in the course of administration. Orders for administration by the Chancery Division are made on originating summons, and only by the judge in person. see Trist. And Coote, Prob. Pr.; R. S. C. Ord. LV., rr. 3 et seq.; Seton on Judgments. And see ADMINISTRATOR; WIDOW.The body of ministers appointed by the Crown to carry on the government of the country; now more commonly called 'the Government.'The ...
Firearms
Firearms. This word comprises all sorts of guns, fowling-pieces, blunderbusses, pistols, etc. Their discharge in a street is penal.A weapon that expels a projected (such as ballets or pallets) by combustion of gunpowder or other explosive, Black's Law Dictionary, 7th Edn.For the purposes of the (English) Fire Arms Act, 1920 (10 & 11 Geo. 5, c. 43), 'firearm' means 'any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged, or any part thereof, and the expression 'ammunition' means ammunition for any such firearms, and includes grenades, bombs, and other similar missiles, whether such missiles are capable of use with a firearm or not. The (English) Firearms Act, 1934 (24 & 25 Geo. 5, c. 16), amends the definition by including smoothbore shot gun, air gun, or air rifle and ammunition, if deemed a lethal weapon. A person under seventeen shall not purchase or hire, nor shall anyone sell to such person, a firearm or ammunition. A pe...
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Resumption
Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-(i) The erection of farm labourers' cottages or other houses with or without gardens;(ii) The provision of gardens for farm labourers' cottages, or other houses;(iii) The provision of allotments;(iv) The provi...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »