Perpetuity - Law Dictionary Search Results
Home Dictionary Name: perpetuity Page: 6 Page 6 of about 154 results ( seconds)Endowment
Endowment, wealth ensured in perpetuity to any person or use. The assuring dower to a woman; the setting forth a sufficient portion for a vicar towards his perpetual maintenance when the benefice is appropriated; the creation of a perpetual provision out of lands or money for any institution or person. as to the meaning of the term in s. 62 of the Charitable Trusts Act, 1853, see Re Clergy Orphan Corporation, (1894) 3 Ch 145.A gift of money or property to an institution (such as university) for a specific purpose esp. in which the principal kept intact indefinitely and only interest income from that principal is used, Black's Law Dictionary, p. 548.Endowment is dedication of property for purposes of religion or charity having both the subject and object certain and capable of ascertainment, Pratap Singh Ji N. Desai v. Deputy Charity Commissioner, AIR 1987 SC 2004 (2069): 1987 Supp SCC 714....
Fee-farm rent
Fee-farm rent, where an estate in fee is granted in perpetuity, subject to a rent in fee for so much as it is reasonably worth, not being less than one-fourth of the value of the lands at the time of its reservation; and such rent appears to be called fee-farm, because a grant of land reserving so considerable a rent is indeed only letting lands to farm in fee-simple, instead of the usual method of life or years, Steph. Com., 13th Edn. At p. 480. If the rent be in arrear for two years the feoffor or his heirs may have an action to recover the lands as his demesnes. Cowel's Law Dict., citing Britton, cap. 66, num. 4. Formerly it was said that these rents could not be distrained for, but the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, allowed distress, impounding and sale for the rents if the rents had been paid for three years. for the remedies in case of non-payment of these rents if created after 1881, see s. 121, (English) Law of Property Act, 1925, and for relie...
Feu, or few
Feu, or few, a free and gratuitous right to lands, made to one for service to be performed by him, according to the proper nature thereof. Feu, in Scotland, means vassal tenure, in contradistinction to ward-holding or military tenure, being that holding where the vassal, in place of military service, makes a return in money which is called the feu-duty or feu-annual. In Scotland it is believed that building land is generally granted on feu, not on lease, so that the landlord granting land for building has not, as in England, a reversion, but grants the land in perpetuity in consideration of a perpetual annual payment. As to the redemption and extinction of incidents to feus in Scotland, see the (English) Feudal Casualties (Scotland) Act, 1914 (4 & 5 Geo. 5, c. 48)....
Folc-land
Folc-land, the land of the folk or people. It was the property of the community. It might be occupied in common or possessed in severalty: and in the latter case, it was probably parcelled out to individuals in the fole-gemot or Court of the district: and the grant sanctioned by the freemen there present. But while it continued to be folc-land it could not be alienated in perpetuity; and therefore, on the expiration of the term for which it had been granted, it reverted to the community, and was again distributed by the same authority. Spelman describes folc-land as terra popularis qu' jure communi possidetur-sine scripto (Gloss. Voce Folc-land). In another placehe distinguishes it accurately from bocland: Pr'dia Saxones duplici titulo possidebant: vel scripti auctoritate, quod bocland vocabant, vel populi testimonio, quod folcland dixere (ibid. voce Bocland).Folc-land was subject to many burthens and exactions from which bocland was exempt. The possessors of folc-land were bound to as...
High Court
High Court, means any court which is deemed for the purposes of this Constitution to be a High Court for any State and includes--(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Con-stitution. [Constitution of India, Article 366(14)]The High Court in s. 10F of the Companies Act means the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate as indicated by s. 2(11) read with s. 10(1) (a) of the Act, Strideuell Leathers (P) Ltd. v. Bhankepur Simbhaoli Beverages Ltd., AIR 1994 SC 158 (165): (1994) 1 SCC 34. (Companies Act, 1956, s. 10F)Every High Court shall be a Court of record meaning thereby all the original record of the Court will be preserved by the said Court and it shall have all the powers of such a supe...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Remoteness
Remoteness, want of close connection between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Where the damage sustained by the plaintiff is neither the necessary nor the probable result of the defendant's conduct, nor such as can be shown to have been in his contemplation at the time, it will be excluded as too remote. Consult Maine on Damages, and see CAUSA CAUSANS. The term is also often used to signify an infraction of the rule against perpetuity, a limitation exceeding the prescribed limits being said to be 'void for remoteness.' See Law of Property Act, 1925, s. 163, and PERPETUITIES. Consult Gray on Perpetuities....
Salic, or Salique
Salic, or Salique [lex salica, Lat.], an ancient and fundamental law of the kingdom of France, usually supposed to have been made by Pharamond, or at least by Clovis, in virtue of which males only are to reign.It is a popular error to suppose that the Salic law was established purely on account of the succession of the Crown, since it extended to private persons as much as to the royal family.The Salic law had not in view a preference of one sex to the other, much less had it a regard to the perpetuity of a family, a name, or the succession of land. It was purely a law of economy which gave the house, and the land dependent on the house, to the males who should dwell in it, and to whom it consequently was of more service.In proof of this, the title of allodial lands of the Salic law may be thus stated:-(1) If a man die without issue, his father or mother shall succeed him.(2) If he have neither father nor mother, his brother or sister.(3) If he have neither brother nor sister, the sist...
Law of Property Act, 1922
Law of Property Act, 1922 (English) (12 & 13 Geo. 5, c. 16). This statute came into operation on 1st January,1926. With the Amending Acts of 1924 and 1926 (15 Geo. 5, c. 5), it provides for the abolition of copyhold and customary tenure; the extinguish-ment of manorial incidents (but not, apart from the lord's consent of his rights to mines, minerals, franchises, fairs and sporting rights), and the conversion of perpetually renewable leaseholds into long terms. The other provisions of this Act, sometimes called Lord Birkenhead's Act of 1922, have been repealed or consolidated and amended by the Law of Property Acts, 1925 to 1932....
Jactitation
Jactitation [fr. jactito, Lat., to boast], a false pretension to marriage, Canon Law.The suit of actitation of marriage (jactitationis matri-monii causa), though a rare proceeding, may still be brought in the Divorce Court by the express terms of the (English) Matrimonial Causes Act,1857 (20 & 21 Vict. c. 85), s. 6 (replaced by (English) Judicature Act, 1925, s. 21), when a person falsely boasts that he or she is married to another whereby a reputation of their marriage may ensue. The party injured sues for the purpose of having perpetual silence enjoined upon the unjustifiable boaster. See Thompson v. Rourke, 1893 P. 70....
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