S 49 - Law Dictionary Search Results
Home Dictionary Name: s 49 Page: 2 Page 2 of about 10,586 results (0.009 seconds)Holding
Holding. For the purposes of the Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), holding is defined [s. 57(1)] as follows: 'Holding' does not include an allotment garden or include any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening but, except as aforesaid, means 'any parcel of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment or employment held under the landlord.' The Agricultural Holdings (Scotland) Act, 1923 (13 & 14 Geo. 5, c. 10), contains a similar definition in s. 49; also in Scots law to signify the tenure or nature of the right given by the superior to the vassal.Holding is defined by s. 2(2) of the Travancore-Cochin Kanam Tenancy Act, 1955 as a parcel or parcels of l...
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 Superseded by (English) R.S.C., Ord. III., r. 6, and repealed (with savings for inferior courts by s. 7) by the Statute Law Revision and Civil Procedure Act, 1883 (46 & 47 Vict.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 It has been repealed as regards the County Court by the (English) County Courts Act, 1919....
Wharfinger
Wharfinger, is defined as 'the occupier of a wharf' or 'a person who owns a wharf', Ramanatha Aiyar's The Law Lexicon; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.It is defined as the occupier of wharf and it is further stated that as a rule, wharfingers have a general lien for the balance of their account, Jowitt's Dictionary of English Law; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.This term is defined in s. 49 of the Port of London Act, 1908, as follows:The expression 'wharfinger' means the occupier of a wharf, quay warehouse, or granary adjoining the Port of London mainly used for warehousing the goods, imported into the Port of London, of persons other than the occupier of such premises.See also Merchant Shipping Act, 1894, s. 492.Wharfingers, who transport goods of their customers by lighter from importing ships, do not come under liability as common carriers, Consolidated Tea, etc., Co. v. Oliver's Wharf, ...
Residue
Residue, the surplus of a testator's or intestate's estate after discharging all his liabilities. Unless it appear in the will that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin [Executors Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 40)]; repealed and replaced by the Administration of Estates Act, 1925, s. 49; see Re Glukman, (1908) 1 Ch 552; affirmed, nom. A.G. v. Jeffereys, 1908 AC 411. The distribution of the surplusage of an intestate's estate was provided for by the Statute of Distribution (22 & 23 Car. 2, c. 10), explained by 29 Car. 2, c. 3, and 1 Jac. 2, c. 17. the distribution of the estates of persons dying after 1925 is regulated by Part IV. of the Administration of Estates Act, 1925. See LAPSE; WIDOW.Something that is left over after a part is removed or disposed of; a remainder, Black's Law Dictionary, 7th Edn., p. 1311...
Unclaimed property
Unclaimed property. This devolves on the Crown at Common Law. Unclaimed property may be dealt with under the heads of (1) Government Stock, (2) Chancery Funds, (3) Stock in Public Companies, (4) Bankers' Balances, (5) Deposits with Bankers for Safe Custody, and (6) Found Property.(1) Government Stock.-The National Debt Act, 1870 (33 & 34 Vict. c. 71), ss. 51 et seq., as extended by 20 & 21 Geo. 5, c. 28, s. 49 provides that stock on which no dividend has been claimed for ten years must be transferred to the National Debt Commissioners. Lists of names in which the stock stood, with residence, description and amount of stock and date of transfer, are to be kept at the Bank of England [or Ireland, but see 13 Geo. 5, c. 2, s. 6 (d)] and at the National Debt Office, open to inspection, and also kept in duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A sec...
Surcharge
Surcharge, an overcharge of what is just and right; exceeding one's powers or privileges; a declaration by an auditor that a person is personally liable to refund a particular part of public money illegally expended by him [see, e.g. the Public Health Act, 1875, s. 247 (7)]; a second or further mortgage. See AUDIT.1. An additional tax, charge, or cost usu. one that is excessive 2. An additional load or burden, Black's Law Dictionary, 7th Edn.The expression 'surcharge' in the context of taxation means an additional imposition which results in enhancement of the tax and the nature of the additional imposition is the same as the tax on which it is imposed as surcharge. A surcharge on land revenue is an enhancement of the land revenue to the extent of the imposition of surcharge. The nature of such imposition is the same viz., land revenue on which it is a charge, Sarojini Tea Co. (P) Ltd. v. Collector of Dibrugarh, AIR 1992 SC 1264 (1269): (1992) 2 SCC 156. [Assam Land Revenue and Land (S...
Registered user
Registered user, means a person who is for the time being registered as such under s. 49. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (x)]Means a person who is for the time being registered as such under s. 25. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2(p)]...
Force and arms
Force and arms [vi et armis, Lat.], words usually inserted in an indictment, though not absolutely necessary, 14 & 15 Vict. c. 100, s. 24. They were also formally inserted in every declaration for trespass, in order to give the Court of Common Pleas or Exchequer jurisdiction, but were rendered unnecessary by the Common Law Procedure Act, 1852 (15& 16 Vict. c. 76), s. 49.The phrase was used in Common-Law pleading in declaration of trespass and in indictment to denote that the offending act was violently. Black's Law Dictionary, 7th Edn., p. 657....
Vendor and purchaser summons
Vendor and purchaser summons. A further innova-tion of the (English) Vendor and Purchaser Act, 1874, s. 9, replaced and extended by the (English) Law of Property Act, 1925, s. 49, enables any vendor or purchaser or upon a contract for exchange of any interest in land to apply in a summary way in respect of any requisitions or objections or claim for compensation or any other question arising out of or connected with the contract (not affecting the existence or validity), and the Court may make any order that to it may seem just, including costs. See DEPOSIT; SPECIFIC PERFORMANCE; and R.S.C. Ord. LV., r. 14A; ORIGINATING SUMMONS....
Calcutta, Bishop of
Calcutta, Bishop of, the metropolitan bishop of India, 3 & 4 Wm. 4, c. 85, s. 94; and see 53 Geo. 3, c. 155, s. 49; 34 & 35 Vict. c. 62, and Vict. c. 13. These have been replaced, see the Government of India Act, 1915 (c. 61), ss. 115 et seq., and the Indian Church Act, 1927 (c. 40), which defines as the occupant for the time being of the see of Calcutta, whether or not that See is constituted an Archiepiscopal See....
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