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Home Dictionary Name: replacement Page: 2Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Improvement of land
Improvement of land. The (English) Improvement of Land Acts, 1864 and 1899 (27 & 28 Vict. c. 114, and 62 & 63 Vict. c. 46), enumerate a number of 'im-provements' such as the following: (1) Drainage; (2) Irrigation and Warping; (3) Embanking from the sea, etc.; (4) Inclosing, and redivision of fields; (5) Reclamation; (6) Making roads, tramways, railways, and canals; (7) Clearing; (8) Erection and improvement of cottage and farm buildings; (9) Planting for shelter; (10) Construction of mills, etc.; (11) Construction of landing-places; and allowed tenants for life to charge the cost of such improvements upon the fee of a settled estate with the sanction of the In closure Commissioners, after notice to persons in remainder, and certain specifications and surveys;-the sanction of the Commissioners to be given 'if they found (s. 25) that the improvements would effect a permanent increase of the yearly vale of the lands proposed to be improved.' The Acts have been amended by the (English) Ag...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Chancery
Chancery [fr. Cancelli, lattice-work, Lat.; chancellerie, Fr.]. the Court of Chancery, which administered equity (see that title) so far as distinct from law, was the highest court of judicature in this kingdom next to Parliament.Its powers and jurisdiction were in 1875 transferred to (I.) The High Court of Justice, and (II.) The Court of Appeal [(English) Jud. Act, 1873, ss. 16-18].(I) There is by the (English) Judicature Act, 1873, replaced by the English Judicature Act, 1925, s. 4, a Division of the High Court of Justice called the Chancery Division. To this Division are assigned (1) matters in which the court of Chancery had exclusive statutory jurisdiction (except County Court appeals), of these, the jurisdiction under the (English) Charitable Trusts Acts, 1853-1869, is practically the only portion nw remaining, the other jurisdictions having become exercisable under subsequent legislation. (Note: a. P. 1934, p. 2374), and (2) causes and matters for the administration of estates o...
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
probation
probation [Middle French, critical examination and evaluation, from Latin probation- probatio, from probare to test, approve, prove] 1 a : subjection to a period of evaluation and possible termination at the commencement of employment in a position for which one's fitness is to be determined b : subjection to a period of review in the course of employment or education as a result of a violation of standards and with the possibility of dismissal if standards are not met 2 a : the suspension of all or part of a sentence and its replacement by freedom subject to specific conditions and the supervision of a probation officer [it is the intent of the legislature that the granting of shall be a matter of grace conferring no vested right to its continuance "Michigan Statutes Annotated"] compare diversion, parole b : probation as a sentence in itself c : the period or state of being subject to probation [arrested while on ] pro·ba·tion·al [-shə-nəl] adj pro...
Bevelment
The replacement of an edge by two similar planes equally inclined to the including faces or adjacent planes...
reconstruction
reconstruction 1 : a rebuilding of a nonfunctional patented article that amounts to creation of a new article and constitutes infringement of the patent [the complete replacement of the mechanism was a and not a repair] 2 : the practice or process of recreating an incident (as an accident) for the purpose of investigating the specific facts and circumstances surrounding it [heard testimony on the speed of the vehicle from an expert in accident ] ...
Substitute
Substitute, 1. One who stands in another's place 2. A person named in a will as heir to an estate after the estate has been held and then passed on by another specified person, Black's Law Dictionary, 7th Edn., p. 1443.Mean 'to put in the place of another person or thing' or 'to exchange', Black's Law Dictionary, 5th Edn., p. 1281.Means 'to serve or cause to serve in place of another person or thing; to replace with: or 'a person or thing that serves in place of another, such as a player in a game who take the place of an injured colleague' (Collins English Dictionary).Means the replacement of one by another, which might be equal to it, but differently expressed, N.N. Chakravarty v. State of Assam, AIR 1960 Assam 11; I.C. Sharma v. Union of India, (1992) 21 ATC 63; Vijayalakshmi Rice Mills; New Contractors Company v. State of Andhra Pradesh, 1976 UJ (SC) 367.Substitute, ordinarily would mean 'to put (one) in place of another; or 'to replace', Government of India v. Indian Tobacco Assn....
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