S 128 - Law Dictionary Search Results
Home Dictionary Name: s 128Forfeiture
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...
Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Heriot
Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.The extinction of heriots was first attempted by the (Engl...
Fines in copyholds
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Fees
Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...
Court-martial
Court-martial, a court for the trial of military offences, under the authority of the (English) Crown and the Army Act, 1881; the ordinary law of evidence must be applied in its proceedings (ibid. s. 128, and Rules of Procedure, r. 73). There are general, district, and regimental courts-martial. See JUDGE ADVOCATE. Their jurisdiction does not, however, exempt any officer or soldier from being proceeded against by the ordinary course of law, Consult Manual of Military Law and the King's Regulations; Clode's Military Forces of the Crown.As to Naval Courts-martial, see (English) Navy Discipline Act, 1866 (29 & 30 Vict. c. 109), ss. 58-69; JUDGE ADVOCATE.It means a court-martial held under this Act. [Army Act, 1950, s. 3 (vii); also see Air Force Act, 1950, s. 4 (xvi)]...
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Pre-emption, Right of
Pre-emption, Right of, the power of buying a thing before others, as superfluous lands under the (English) Lands Clauses Consolidation Act, 1845, s. 128, which must before sale be offered to the persons from whom they were originally taken, or to the adjoining owners; as to registration of contracts or deeds giving the right of pre-emption as estate contracts, see (English) Land Charges Act, 1925, s. 10. Compare the right of pre-emption which a county council has by virtue of s. 12 (4) of the Small Holdings and Allotments Act, 1908. Also, a privilege formerly allowed to the royal purveyor, but abolished by 12 Car. 2, c. 24. See OPTION TO PURCHASE....
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