S 131 - Law Dictionary Search Results
Home Dictionary Name: s 131Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Irregularity
Irregularity, disorder, departure from rule. By (English) R.S.C. 1883, Ord. LXX., non-compliance with the rules renders proceedings liable to be set aside as irregular, but does not render them void unless the Court or a judge so direct. Order LIV., r. 24, of the (English) County Court Rules, 1903, is to the same effect.The word 'irregularity' in common English parlance means and implies contrary to rule, Rambhau v. State of Maharashtra, AIR 2001 SC 2120 (2122): (2001) 4 SCC 759. (Cr. P.C., 1973, s. 391)The word irregularity' in s. 131(2)(b) cannot be confined to procedural defects only, Martin Burn Ltd. v. Corporation of Calcutta, AIR 1966 SC 529 (534): (1966) 1 SCR 543. [Calcutta Municipal Act, 1923 (3 of 1923), s. 131(2)(b)]...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
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...
Hospitals
Hospitals, eleemosynary corporations. They are either aggregate, in which the master or warden and his brethren have the estate of inheritance; or sole, in which the master, etc., only has the estate in him, and the brethren or sisters, having college and common seal in them, must consent, or the master alone has the estate, not having college or common seal. So hospitals are eligible, donatives, or preventative, Jac. Law Dict.By 39 Eliz. c. 5, made perpetual by 21 Jac. 1, c. 1, any person seised of an estate in fee-simple may, by deed enrolled in Chancery, erect and found a hospital for the sustenance and relief of 'the maimed, poor, needy, or impotent people'; but no such hospital may be erected unless endowed with lands or hereditaments of the yearly value of 20l.For power of local authorities to provide hospitals for their districts, see Public Health Act, 1875, s. 131; Isolation Hospitals Acts, 1893, 1901 (56 & 57 Vict. c. 68; 1 Edw. 7, c. 8), all repealed from Oct. 1937 and repla...
Purchase, Words of
Purchase, Words of, those by which, taken abso-lutely without reference to or connection with any other words, an estate first attaches, or its considered as commencing in point of title, in the person described by them. 'It is a rule in law, known as the rule in Shelley's case, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase' (1 Rep. 104 a; Van Grutten v. Foxwell, 1897, AC 658). The rule has been abolished in regard to all conveyances executed after 1925. In a limitation to an ancestor for life, then to his heir or any class of heirs or issue, the words heirs or issue are now words of purchase and not of limitation (Law of Property Act, 1925, s. 131). See HEIR, and SHELLEY'S CASE. At the same time, a grant to A. and his heirs may still be use...
Articles, Marriage
Articles, Marriage, An agreement made in consideration of marriage, generally to secure a provision by conveyance or settlement for the spouses or one of them and the children of the marriage, must, under the Statute of Frauds, 29 Car. 2, c. 3, s. 4, be in writing and will not be enforced unless evidenced in writing, see Montacute v. Maxwell, 1 P Wms 618, and Butterfield v. Heath, (1852) 15 Beav 408. In equity the Articles are considered as minutes of agreement and to create executory trusts, and the Court will give effect to the intention accordingly without strict or any regard to an improper or informal use of words, see Stamford v. Hobart, (1710) 3 Br PC (Tomk. Ed) 31, and Blandford v. Marlborough, (1743) 2 Atk. 542, and therefore the rule in Shelley's Case (now abolished in regard to instruments coming into operation after 1925, see Law of Property Act, 1925, s. 131) was not applied in construing or executing the Articles. See Norton on Deeds....
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