S 111 - Page 4 - Law Dictionary

Disposition of the company's property

Disposition of the company's property, where a company pays a creditor by cheque between the date of petition and the winding up order against the company, it is illogical to hold that there is an additional disposition in favour of the bank where the company is in credit prior to payment of the cheque and the bank, in paying the cheque, debits the cheque against the company's credit balance with the bank, Hollicourt (Contracts) Ltd. v. Bank of Ireland (CA), (2001) Ch LR 555.A control for the disposition of land and an effected disposition; that the expression 'sold, leased or otherwise disposed of by a disposition' was not apt to include a contract to make a disposition of land but referred only to a disposition which had actually been effected, Boyoumi v. Women's Total Abstinence Union Ltd., (2003) 2 WLR (Charities Act, 1993, s. 37)...

Queen's Counsel

Queen's Counsel (abbreviated Q.C.). See KING'S COUNSEL (abbreviated K.C.). All Queen's Counsel at the death of the late Queen Victoria became King's Counsel without any new appointment....

Queen's proctor

Queen's proctor, means a solicitor that represents the crown in domestic-relations, probate, and admiralty cases. For example, in a suit for divorce or nullity of marriage, the Queen's proctor might intervene to prove collusion between the parties. Also termed (when a king reigns) King's proctor, Black's Law Dictionary, 7th Edn., p. 1259....

Subject to surveyor's report

Subject to surveyor's report, means when a property is agreed to be purchased subject to surveyor's report, it is perfectly well-understood in the business of sale and purchase of houses, that, when a person says that he will buy 'subject to surveyor's report, although he agrees to everything else, what it means is that he will not decide whether he will take the house until he has seen what his surveyor says about it, Marks v. Board, (1930) 46 TLR 424: Burrow's Words and Phrases....

King's keys

King's keys. The King's keys are, in law phrase, the crow-bars and hammers used to force doors and locks in execution of the King's warrant, Scott's Antiquary....

Banker's acceptance

Banker's acceptance, is a short-term credit instrument issued by an importer's bank that guarantees payment of an exporter's invoice, Webster's Dictionary of Law, Indian Edn. (2005), p. 43....

Dead man's part

Dead man's part, the remainder of an intestate's movables, besides that which of right belonged to his wife and children. This was formerly made use of in masses for the soul of the deceased; subsequently, the administrators applied it to their own use and benefit, until the 1 Jac. 2, c. 17, subjected it to distribution among the next of kin. In Scotland the 'dead's part' of a man's personalty is that part of which he is entitled to dispose by will. See REASONABLE PARTS....

Cairn's Act (English)

Cairn's Act (English), for enabling the court of Chancery to award damages, and try questions of fact with a jury, 21 & 22 Vict. c. 27, repealed by Stat. Law Rev. and Civil Procedure Act, 1883, as having been superseded by s. 24 of the Judicature Act, 1873. See R. S. C. Ord. L., r. 6, and Judicature Act,1925, s. 36....

Battered Woman's syndrome

Battered Woman's syndrome, means the psycho-logical symptoms buffered by a woman repeatedly abused by a mate (as a husband), Battered Woman's syndrome is used as defense to violent criminal charges (as homicide). Evidence of repeated abuse is used to show that the defendant acted in self-defence even though the threat or danger was not imminent; Battered Woman's syndrome is also used as a mitigating factor in sentencing, Webster's Dictionary of Law, Indian Edn. (2005), p. 46....

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....

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