Relinquisher - Law Dictionary Search Results

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Leave

Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and...

Droits of admiralty

Droits of admiralty, the perquisites attached to the office of Admiral of England (or Lord High Admiral). Prince George of Denmark, the husband of Queen Anne and Lord High Admiral, resigned the rights to these droits to the Crown for a salary, as Lord High Admiral, of 7,000l. a year. When the office was vacant, they belonged to the Crown. Of these perquisites, the most valuable is the right to the property of an enemy seized on the breaking out of hostilities. In the arrangement of the Civil List during the recent reigns, it was settled that whatever droits of Admiralty accrued were to be paid into the Exchequer for the use of the public. The Lord High Admiral's right to the tenth part of the property captured on the seas has been relinquished in favour of the captors. Droits of Admiralty also included all unclaimed wreck, flotsam, jetsam, ligan and derelict, which are now dealt with by the (English) Receiver of Wreck for the District, Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60),...

Dower

Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...

Deed

Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...

Constructive total loss

Constructive total loss, a term used in the law of marine insurance to denote a loss which entitles the assured to claim the whole amount of his insurance, on giving to the assurers notice of abandonment. Generally there is a constructive total loss when the subject-matter assured has not actually perished or lost its form or species, but has, by one of the perils insured against, been reduced to such a state or placed in such a position as to make its total destruction, though not inevitable, yet highly imminent, or its ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful. In such a case the assured, by giving notice within a reasonable time to the assurers of abandonment, i.e., the relinquishment of all his right to whatever may be saved, is entitled to recover against them as for a total loss.If notice is not given, the loss is treated as a partial loss unless the ship in fact has become a total loss or if there would be no possibilit...

yield

yield : to produce as return from an expenditure or investment : furnish as profit or interest [an account that s 6 percent] vi 1 : to give place or precedence (as to one having a superior right or claim) 2 : to relinquish the floor of a legislative assembly [ to the senator from Maine] n 1 : agricultural production esp. per acre of crop 2 : the return on a financial investment usually expressed as a percentage of cost [the bond was 8 percent] ...

Abandonee

Abandonee, one to whom anything is relinquished.The expression 'abandoned property' or to use the more familiar term 'bona vacantia' comprises properties of two different kinds, those which come in by escheat and those over which no one has a claim, Bombay Dyeing and Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC 328 (339): 1958 SCR 1122. [Bombay Labour Welfare Fund Act (40 of 1953) s. 3(1) & 2(b)]...

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