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Home Dictionary Name: restrict Page: 3Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
Timber
Timber, has an enlarged or restricted sense, according to the connection in which it is employed, and may refer to standing trees or wood suitable for the manufacture of lumber to be used for building and allied purposes, Corpus Juris Secundum, Vol. 54, p. 1.Timber, may be used in a restricted as well as enlarged sense. In the restricted sense it means specified trees like oak, ash, elm, teace, blackwood, ebony etc. and in the enlarged sense it means woods suitable for building, furniture, and carpentry etc., and includes standing trees. Its true meaning has to be determined from the context in which it is employed, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See also Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Means at common law oak, ash and elm are timber if over twenty years old, but not so old as to have unusable wood in them. Other trees may be timber by the custom of the country. Thus beech is timber by the custom of Buckinghamshire an...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
free
free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...
free
free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...
Agricultural Marketing Acts, 1931 to 1933
Agricultural Marketing Acts, 1931 to 1933 (English), The Act of 1931 (21 & 22 Geo. 5, c. 42) enables schemes to be made for regulating the marketing of agricultural products, foods and drinks made or derived therefrom, and fleeces and skins of animals, to establish marketing boards in connection with such schemes, to establish funds for loans to these boards, and to encourage agricultural co-operation, research and education. The Act of 1933 (23 & 24 Geo. 5, c. 31) amends and extends the 1931 Act by provisions for restrictions on the importation and sale of agricultural products and for the production of such secondary agricultural products wholly or partly manufactured or derived from another agricultural products as may be specified by an order in force under s. 7, Part II., of the Act of 1933. Schemes under the Act of 1931 may be submitted by the Minister of Agriculture and Fisheries after consultation with the Board of Trade by laying a draft before each House of Parliament, and if...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
covenants
covenants legally enforceable terms that govern the use of property. These terms are transferred with the property deed. Discriminatory covenants are illegal and unenforceable. Also known as a condition, restriction, deed restriction or restrictive covenant. Source: U.S. Department of Housing and Urban Development ...
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