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Revocability - Law Dictionary Search Results

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Letters-patent, or letters overt

Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...


Munera

Munera, portions of lands distributed to tenants and revocable at the lord's will, under our early feudal system....


Licence

Licence [fr. licentia, Lat.], a permission given by one man to another to do some act which without such permission it would be unlawful for him to do. It is a personal right, and is not transferable, but dies with the man to whom it is given. It can as a rule be revoked by the licensor unless the licensee has paid money for it (Odgers on the Common Law, pp. 25, 574). As to the nature and effect of the licence granted to the purchaser of a ticket for a theatre or other similar entertainment, see Hurst v. Picture Theatres, (1915) 1 KB 1, and the authorities there referred to, and Allen & Sons v. King, (1916) 2 AC 54. It may be either written or verbal; when written, the paper containing the authority is often called a licence. A licence amounting to or coupled with an interest in an incorporeal hereditament must be under seal [see Wood v. Leadbitter, (1845) 13 M&W 838], or it may be revocable, but see Lowe v. Adams, (1901) 1 Ch 598.A licence is necessary before doing many acts, as to ma...


Quo ligatur, Enquiry Officer dissolvitur

Quo ligatur, Enquiry Officer dissolvitur. 2 Rol. Rep. 21, (By the same mode by which a thing is bound, by that is it released.) Similarly, Quo modo quid constituitur, eodem modo dissolvitur. Jenk. Cent. 74, (In the same manner by which anything is constituted, by that it is dissolved.) See REVOCATION; DEED....


Republication of Wills

Republication of Wills, a second publication after cancelling or revoking.The Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), provides in s. 22 as follows:-No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same; and when any will or codicil which shall be partly revoked and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary be shown.Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived (s. 34).Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be d...


Resolution

Resolution, a solemn judgment or decision; a revocation of a contract. As to the cases in which resolutions of the House of Commons varying or renewing taxation have statutory effect for a limited period, see Provisional Collection of Taxes Act, 1913 (3 Geo. 5, c. 3). As regards companies, resolutions are of three kinds: (a) Ordinary, i.e., a resolution passed by a simple majority of members; (b) Extraordinary, i.e., a resolution passed by three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting, of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given; (c) Special, i.e., when passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than 21 days' notice, specifying the intention to propose the resolution as a special resolution has been duly given, or if all members entitled to ...


Revoke

Revoke, carries within the idea of cancellation by the same power which originally acted and not to setting aside of an original order by higher forum of power or jurisdiction. It does not mean repudiation, Corpus Juris Secundum, 1952 Edn., Vol. 77.Means an act of recalling or calling back, the act by which one having the right annuls something pre-viously done, Webster's Third New International Dictionary.Means the recall of some authority or thing granted or a destroying or making void of some deed that had existence until the act of revocation made it void, Black's Law Dictionary....


Ruling Chief

Ruling Chief, the expression 'Ruling Chief' has not been defined in the Act and must therefore by understood as in common parlance. The meaning of the word 'ruler' as given in Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 1867 is: 'One who, or that which, exercise rule, especially of supreme or sovereign kind.' Normally the expression 'Ruling Chief' connotes 'a person who is endowed with the content of sovereignty and also has the attributes of a sovereign'. According to Black's Law Dictionary, 5th Edn., p. 1252 (See now 7th Edn. P. 1402) the legal conception of 'sovereignty' is stated thus: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of reg...


Sovereignty

Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...


Wager

Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate definition of 'wagering contract' in Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, by Hawkins. J.1. Money or other consideration risked on an uncertain event; a bet or gamble 2. A promise to pay money or other consideration on occurrence of an uncertain event, Black's Law Dictionary, 7th Edn., p. 1573.At Common Law a wager was a legal contract, which the courts were bound to enforce, so long as it was not against morality, decency, or sound policy, Johnson v. Lumley, (1852) 12 CB 468. But by the (English) Gaming Act, 1845, s. 18:All contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall ...



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