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Re Draft - Law Dictionary Search Results

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Re-draft

Re-draft, a second bill of exchange.A second negotiable instrument offered by drawers after first instrument has been dishonoured, Black's Law Dictionary, 7th Edn., p. 1283....


draft

draft 1 : a preliminary version of something (as a law) 2 a : a system for or act of selecting individuals from a group (as for military service) b : the act or process of selecting an individual (as for political candidacy) without his or her expressed consent 3 : an order for the payment of money drawn by one person or bank on another see also drawee, drawer compare check documentary draft : a draft that will be honored only upon the presentation of certain documents (as an invoice or certificate of title) sight draft : a draft payable on presentation time draft : a draft payable a specified number of days after the date of the draft or of its presentation vt 1 : to select for some purpose ;specif : to conscript for military service 2 : to compose or prepare esp. the preliminary version of [ing legislation] vi : to practice draftsmanship draft·er n ...


Banker's Draft

Banker's Draft. A banker's draft is defined by s. 1 of the (English) Bills of Exchange Act (1882) Amendment Act, 1932 (22 & 23 Geo. 5, c. 44), as 'a draft payable on demand drawn by or on behalf of a bank upon itself whether payable at the head office or some other office of the bank.' This Act makes ss. 76 and 82 of the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), applicable to a banker's draft as if it were a cheque....


documentary draft

documentary draft see draft ...


sight draft

sight draft see draft ...


time draft

time draft see draft ...


Draft, or draught

Draft, or draught, a bill drawn by one person upon another for a sum of money; an order in writing to pay money; also a sketch or suggested form of a legal or any document, etc., to be settled previously to engrossment. Drafts are the property of the client, in business within the Solicitors Remuneration Order, 1882 (see SOLICITOR), by r. 3 of that Order. See CHEQUE....


Re-entry

Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...


Res judicata

Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...


Re-development areas

Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...


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