Private Treaty - Law Dictionary Search Results
Home Dictionary Name: private treatyprivate treaty
private treaty : a sale of property on terms determined between the buyer and the seller [got better prices by private treaty than his neighbors did at auction] ...
treaty
treaty pl: treaties [Anglo-French treté, from Middle French traité, from Medieval Latin tractatus, from Latin, handling, treatment, from tractare to treat, handle] 1 : the action of treating and esp. of negotiating 2 : an agreement or arrangement made by negotiation: as a : private treaty b : a contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state [the president…shall have power, by and with the advice and consent of the Senate, to make treaties "U.S. Constitution art. II"] compare executive agreement 3 : a document embodying a negotiated agreement or contract 4 : an agreement or contract (as between companies) providing for treaty reinsurance ...
Conditions of sale
Conditions of sale. The terms set forth in writing upon which an estate of interest is to be sold by auction, tender, or private treaty. Together with the particulars (q.v.) the conditions constitute the offer for sale. Conditions of sale will be construed so as to collect the meaning of the parties without incumbering them with the technical meaning of words; for, as Lord Hardwicke declared, 'there is no magic in words.' But the conditions should be accurate, for they cannot be contradicted by parol at the sale; 'the babble of the auction room,' as Lord Eldon termed it, being inadmissible as evidence, and this although the purchaser by the written agreement bind himself to abide by the conditions and declarations made at the sale. If the conditions require alteration, they should be so altered in writing before the sale. See AUCTION; CONTR-ACT OF SALE. In sales of land, conditions of sale usually refer to the following matters:-Bidding at the auction, payment of deposit, date of compl...
Mortgagee
Mortgagee, a 'mortgagee' for the purpose of redemption would include all persons who derive title from him and it is immaterial whether that title is derived by sale in invitum or by private treaty, whether it is by act of parties or by operation of law. A purchaser from the mortgage is also liable to be redeemed as he must be deemed to be a representative of the mortgage and to have as such purchased the property subject to the mortgage and the equity of redemption of the mortgagor, Abdul Ghaffoor v. (Mst.) Paharia, 1957 Pat 136.Mortgagee, he that takes a mortgage as security for a loan. See preceding title...
Negotiation
Negotiation, treaty of business, whether public or private. [s. 48, Negotiable Instrument Act, 1881 (26 of 1881)]--when a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated. [Negotiable Instruments Act, 1881 (26 of 1881) s. 14 & 48]...
Letters of marque
Letters of marque, commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the Secretaries of State, with the approbation of the Sovereign and Council; and usually in time of war, etc., ex Merc. 173. The words marque and reprisal are used as synonymous terms, although the latter is, strictly, taking in return; the former passing the frontiers in order to such taking, Du Cange, tit. 'Marcha.'These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal may be obtained in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and, in fact, this custom seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when ...
Fishery
Fishery, the right to take fish. Fisheries are either free, common, or several. A free fishery is the exclusive right of fishing in a public river, and is a royal franchise, Common of fishery, or common of piscary, is the right of fishing in another man's water. A several fishery is the exclusive right of fishing in another man's water, and he that has it, according to Blackstone, 'must also be the owner of the soil' (2 Bl. Com. 40). This position of Blackstone, however, has been questioned, and the distinction between the various kinds of fishery is not clear; see Hrg. Co. Litt. 122 a, n. 7; Holford v. Bailey, (1846) 8 QB 1000; 13 ib. 426; Marshall v. Ulleswater Steam navigation Co., (1863) 3 B&S 732; Chesterfield (Earl) v. Harris, (1908) 2 Ch 397; 1911 AC 623; Coulson and Forbes on the Law of Waters; Leake on Uses and Profits of Land. No right can exist in the public to fish in an inland non-tidal lake, O'Neil v. Johnston, (1909) 1 Ir R 237.The fishing rights of the lord of the manor...
Great Seal
Great Seal [clavis regni,Lat.], the emblem of sovereignty, introduced by Edward the Confessor. It is held by the Lord Chancellor or Lord Keeper for the time being and may not be taken out of the country. By Art. 24 of the Union between England and Scotland (5 Anne, c. 8) it was provided that there should be one Great Seal for the United Kingdom, to be used for sealing writs to summon the Parliament, and for sealing treaties with foreign states and all public acts of state which concern the United Kingdom, and in all other matters relating to England, as the Great Seal of England was then used; and that a seal in Scotland should be kept and made use of in all things relating to private rights or grants, which had usually passed the Great Seal of Scotland, and which only concern offices, grants, commissions, and private right within Scotland. On the Union between Great Britain and Ireland no express provision was made by any of the Articles of the Union as to the establishing one Great S...
United States Court of Federal Claims
United States Court of Federal Claims : a federal court having nationwide trial jurisdiction over claims against the United States see also federal circuit NOTE: The claims over which this court has jurisdiction include those based on the Constitution, acts of Congress, regulations of an executive agency, contracts with the United States, actions for damages not sounding in tort, claims of American Indian groups against the United States, and certain tax cases (as claims for tax refunds). Private bills are referred to it from Congress for advisory findings as to whether there is a genuine legal or equitable claim for relief. The court does not have jurisdiction over claims for pensions or claims based on treaties with foreign nations. ...
Capture
Capture, the arrest or seizure of a person or thing, particularly applied to the seizure of ships by an enemy in time of war. On 16th April, 1856, a treaty or declaration was signed at Paris between the powers of Great Britain, Austria, France, Russia, Sardinia, and Turkey, by which privateering is abolished, so far as those powers are concerned. See LETTERS OF MARQUE, PRIZE OF WAR.Capture, is a taking by an enemy as prize in time of war with intent to deprive the owner of all property in the thing taken, Andersen v. Marten, (1908) AC 334 (HL)....
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