Protector - Law Dictionary Search Results
Home Dictionary Name: protectorProtector of the settlement
Protector of the settlement. The person whose con-sent is required to enable a remainderman in tail to bar the entail. In the absence of such consent the remainderman can only bar his own issue and create a Base Fee (see that title). Under the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), s. 32, the settlor might appoint a special protector. In the absence of this 'special' protector, the statutory protector, i.e., the owner of the first (sufficient) estate in possession, e.g., the tenant for life under the same settlement, was and is a statutory protector. The special protector was to be appointed as stated in substitution for the old tenant to the pr'cipe, whose concurrence in barring estates-tail in remainder was required in order to preserve, under certain modifications, the control of the tenant for life over the remainderman. The statutory protector might be excluded by the settlor, who by the settlement creating the entail might appoint not more than three per...
Protectorate
Protectorate, (1) the period during which Oliver Cromwell ruled in this country under the title of the 'Lord Protector of the Commonwealth of England, Scotland, and Ireland and of the Dominions and Territories thereunto belonging'; (2) also the office of protector; (3) territories placed under the protection of the British sovereign generally by treaty with the native ruler or chiefs administered on the same lines as Crown Colonies (Hals. L.E., tit. 'Dependencies, Colonies and British Possessions)....
Protectoral
Of or pertaining to a protector protectorial as protectoral power...
Protector of Emigrants
Protector of Emigrants, means a Protector of Emigrants appointed under s. 3 and includes a person authorised under s. 5. [Emigration Act, 1983 (31 of 1983), s. 2(1)(k)]...
Protectorate
Government by a protector applied especially to the government of England by Oliver Cromwell...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
Protectorship
The office of a protector or regent protectorate...
Base fee
Base fee. A species of inheritable freehold estate which forms part of the class of estates known as conditional freeholds of inheritance. In a more special sense, a base fee was until 1926 a fee simple determinable on the failure of issue of an original donee of the estate in tail. It was limited by the failure of the heirs of the body of that donee to take, and upon that failure the persons next entitled in remainder became entitled to the remainder in tail or in fee simple, as the case might be. As where a tenant-in-tail, with remainder to a stranger, conveys the fee-simple to another in the property entailed upon him, such other takes a qualified fee by legal construction, determinable on the death of the tenant-in-tail and failure of the issue under the entail. Another example of such an estate is when a tenant-in-tail, not being himself entitled to the immediate remainder or reversion in fee, conveys without the consent of the protectors of the settlement; he then transfers a bas...
Client
Client [fr. cliens, Lat., said to contain the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor's costs (English) (Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), s. 81). The relation between solicitor and client is a highly confidential one, and the power which his situation gives the former over the latter makes it impossible to be perfectly assured, in certain cases, whether in their transactions the client is a free agent, or under influence and imposition. A Court of Equity, therefore, ...
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