S 46 - Law Dictionary Search Results
Home Dictionary Name: s 46 Page: 3 Page 3 of about 10,580 results (0.005 seconds)Chattels or catals
Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...
Conditions of sale
Conditions of sale. The terms set forth in writing upon which an estate of interest is to be sold by auction, tender, or private treaty. Together with the particulars (q.v.) the conditions constitute the offer for sale. Conditions of sale will be construed so as to collect the meaning of the parties without incumbering them with the technical meaning of words; for, as Lord Hardwicke declared, 'there is no magic in words.' But the conditions should be accurate, for they cannot be contradicted by parol at the sale; 'the babble of the auction room,' as Lord Eldon termed it, being inadmissible as evidence, and this although the purchaser by the written agreement bind himself to abide by the conditions and declarations made at the sale. If the conditions require alteration, they should be so altered in writing before the sale. See AUCTION; CONTR-ACT OF SALE. In sales of land, conditions of sale usually refer to the following matters:-Bidding at the auction, payment of deposit, date of compl...
Keating's (Sir H.S.) Act
Keating's (Sir H.S.) Act, (English) for summary procedure on bills of exchange (18 & 19 Vict. c. 67). Superseded by (English) R.S.C., Ord. III., r. 6, and repealed (with savings for inferior courts by s. 7) by the Statute Law Revision and Civil Procedure Act, 1883 (46 & 47 Vict. c. 49), writs under it having been done away with by R.S.C., Ord. II., r. 6. It has been repealed as regards the County Court by the (English) County Courts Act, 1919....
Improvement of towns
Improvement of towns. The (English) Towns Im-provement Clauses Act, 1847 (10 & 11 Vict. c. 34), 'comprises in one Act sundry provisions usually contained in' special Acts of Parliament theretofore passed 'for paving, draining, cleansing, lighting, and improving towns and populous districts,' to avoid the necessity for repeating such provisions in each special Act, and to ensure greater uniformity in the provisions themselves.Of this Act, ss. 64-83, which relate to the naming of streets and numbering of houses, to the improving the line of streets and removal of obstructions, to the securing or demolition of ruinous buildings, and to the taking precaution during the erection of works, and ss. 125-131, which relate to slaughter-houses, are incorporated with the (English) Public health Act, 1875, by ss. 160, 169 of that Act.The Town and Country Planning Act, 1932 (English) (22 & 23 Geo. 5, c. 48), a codifying Act, repealing the (English) Town and Country Planning Act, 1925, authorises loc...
Resumption
Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-(i) The erection of farm labourers' cottages or other houses with or without gardens;(ii) The provision of gardens for farm labourers' cottages, or other houses;(iii) The provision of allotments;(iv) The provi...
Alteration of share capital
Alteration of share capital. Under the (English) Companies Act, 1929, the share capital of a company may be altered by increase (s. 53), consolidation or division, conversion of shares into stock and reconversion or cancellation of unissued capital (s. 50), or redemption of redeemable preference shares (s. 46). The alteration must be authorized by the Articles, and the memorandum modified. A company cannot make an original issue of stock (Home & Foreign Investment and Agency Co., (1912) 1 Ch 72, and subject to confirmation by the Court a company may reduce its capital by special resolution for reducing share capital and consequential alteration of the memorandum. The words 'and reduced' need not be added to the name of the company unless the Court so orders (ss. 55-60). As a rule in all these cases the alteration must be notified to the Registrar of Joint Stock Companies (s. 5), and, in the case of reduction, registered by him (s. 58)....
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Specification
Specification, a particular and detailed account of a thing; also, a description of a patent with the object of putting the public in full possession of the inventor's secret, so that any person may be in a condition to avail himself of it when the period of exclusive privilege has expired. See LETTERS-PATENT.As to indexes of specifications for the public use, see s. 46 of the Patents and Designs Act, 1907 (as amended by the Patents and Designs Act of 1932); and s. 7 for official investigation of old specifications of less than fifty years' date on application for a patent.It means a description of an article or process as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or other characteristics to distinguish it from any other article or process. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(s)...
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....
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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