S 181 - Law Dictionary Search Results
Home Dictionary Name: s 181 Page 1 of about 10,547 results (0.009 seconds)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...
Modification
Modification, includes additions, omissions and amendments and related expressions shall be construed accordingly. An 'addition' or 'omission', not amounting to or requiring an amendment will be a modification, Aon Trust Corpn. v. KPMG, (2005) 1 WLR (Ch). [See (English) Pension Schemes Act, 1993, s. 181; (English) Pension Act, 1995, ss. 56(2)(a), 60, 67, 75]Modification, the term usually applied to the decree of the Teind Court, awarding a suitable stipend to the minister of a parish, Bell's Scots LawDict.The court must give the widest effect to the meaning of the word 'modification' used in Article 370(1) and in that sense it includes an amendment. There is no reason to limit the word 'modifications' as used in Article 370(1) only to such modifications as do not make any 'radical transformation', Puranlal Lakhanpal v. President of India, AIR 1961 SC 1519 (1520): (1962) 1 SCR 688. [Constitution of India, Art. 370 (1) (d)]Modify' and 'modification' have been defined in s. 2(29) of the C...
King's proctor
King's proctor, the proctor or solicitor representing the Crown in the Probate and Divorce Court. In proper cases it is his duty to intervene in petitions for dissolution or for declaration of nullity of marriage to defeat collusion or the suppression of material facts. In his official capacity he cannot intervene to show cause against a decree nisi for dissolution of marriage being made absolute without the leave of the Court, Gray v. Gray, (1861) 30 LJP&M 96. In the case of an unsuccessful intervention the King's Proctor may be condemned in costs, Carter v. Carter, 1910 P. 151. See (English) Judicature Act, 1925, s. 181....
Intervention
Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...
Lying-in hospitals
Lying-in hospitals, charities which could not be established without a previous licence from the quarter sessions; legitimate children born in them are not to be chargeable to the parish of their births, 13 Geo. 3, c. 82. See 24 & 26 Vict. c.101, and (English) Midwives Act, 1927 (16 & 17 Geo. 5, c. 32), s. 13, abolishing the necessity for a licence; also Public Health Act, 1936, Part VI., s. 181 et seq...
Public street
Public street, means any street, road square, court, alley, passage or riding path over which the public have a right of way whether a thoroughfare or not and includes (a) the roadway over any public bridge or causeway; (b) the foot-way attached to any such street, public bridge or causeway; and (c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, veranda, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the government. [Madras City Municipal Corporation Act, 1919, s. 2(20)]Public street, shall mean any street--(i) heretofore levelled, pared, mettaled, channeled sweered or repaired out of municipal or other public fund; unless before such work was carried out, there was an agreement with the proprietor that the street should not thereby become a public street, or unless such work was done wit...
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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