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S 180 - Law Dictionary Search Results

Home Dictionary Name: s 180

One eighty day (180-day) rule

One eighty day (180-day) rule, means a rule that in some jurisdictions, allows a person charged with a felony to be released on personal recognisance if the person has been in jail for 180 days without being brought to trial, and if the delay has not, resulted from the defendant's own actions, Black's Law Dictionary, 7th Edn., p. 1116....


Sole, Corporation

Sole, Corporation, one person and his successors, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had; as the sovereign, a bishop, parson, etc., Steph. Com., 7th Edn., i. 358; iii. 4.The word 'successors' was essential in order to pass the fee simple in a grant to a corporation sole; without it, a life estate only passes: Co. Litt. 94 b. Words of limitation are not now necessary to convey land to a corporation sole [(English) Law of Property Act, 1925, s. 60], and by s. 180 (ibid.) any property which vested at any time in a corporation sole, including the Crown, passes and always has passed to his successors unless disposed of by him, and on his death it does not pas to his personal representatives but to his successor [Administration of Estates Act, 1925, s. 3 (5)]. In the event of a vacancy in office, see s. 180, L.P. Act, 1925. As to the property on a dissolut...


Taking and retaining

Taking and retaining, the word 'taking and retaining' were used by s. 180 of the Act in an independent and exclusive sense. The former referred to taking of possession illegally and the latter to taking of possession legally but subsequent retaining of it illegally, Bhinka v. Charan Singh, AIR 1959 SC 960 (965): (1959) Supp 2 SCR 798. [U.P. Tenancy Act (17 of 1939), s. 180]...


Forfeiture

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...


attach

attach [Anglo-French attacher to lodge (an action in court), seize (a person or property) by legal authority, from Old French atachier to fasten, fix, alteration of estachier, from estache stake] vt 1 : to obtain a court order against (property of another person) that directs an officer of the court (as a sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing a lawsuit or to prevent the defendant from getting rid of property that may be needed to pay a judgment to the plaintiff. 2 : to join or make a part of [affidavits ed to the suit "Rosalind Resnick"] 3 : to create a security interest in (property) and so acquire the right to foreclose on or otherwise deal with property for payment of a debt and to exercise one's rights in the property against third parties see also security interest at interest compare perfect vi : to become effective: as a : ...


Meat

Meat, retail dealers in: see (English) Retail Meat Dealers' Shops (Sunday Closing) Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 30), which provides for the compulsory closing of retail meat traders' shops and stalls on Sunday, with exemption in respect to Jewish retail dealers in meat, who may keep open on Sunday under license, on giving notice to the local authority and displaying notices as provided by the Act, but he must not keep open on Saturday. As to inspection and destruction of unsound meat, see (English) Public Health (London) Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 50), s. 180, and see UNSOUND FOOD.Meat includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, or any wild animal or captive animal, other than a vermin. [Wild Life (Protection) Act, 1972 (53 of 1972), s. 2(20)]Meat, the dictionary meaning of the word meat in terms of Webster's New International Dictionary is as 'meat-flesh of animals used as food as distinguished f...


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 ...


Workmen's Compensation Act

Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...


King's Bench

King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...


Acknowledgement of a wife's assurance

Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...


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