S 87 - Law Dictionary Search Results
Home Dictionary Name: s 87Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Bounty of Queen Anne
Bounty of Queen Anne, given by royal charter, which was confirmed by Queen Anne (2 Anne, c. 11), whereby all the revenue of first-fruits and tenths (see those titles) which belonged to the English Crown was transferred by Queen Anne to trustees for ever, called 'Governors,' to form a perpetual fund for the augmentation of the maintenance of the poor clergy. After the appropriation of the revenue arising from the payment of first-fruits and tenths to the augmentation of small livings, it was considered a proper extension of this principle to exempt the smaller livings from the incumbrance of those demands; and, for that end, the bishops of each diocese were directed to inquire and certify into the Exchequer what livings did not exceed 50l. a year, according to the improved value at that time; and it was further provided that such livings should be discharged from those dues in future. It has been still further regulated by subsequent statutes, especially by the Queen Anne's Bounty Act, ...
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Proctor
Proctor [fr. procurator, Lat.], a manager of another person's affairs; also a university official of Oxford or Cambridge having disciplinary powers over members of the university.Proctors in the Ecclesiastical and Admiralty Courts formerly discharged duties similar to those of solicitors and attorneys in other courts, as and being a separate body of practitioners. The title still survives, but the separation no longer exists. Owing to the abolition of the jurisdiction of the Ecclesiastical Courts in causes matrimonial and testamentary, the (English) Court of Probate Act, 1857 (2 & 21 Vict. c. 77), ss. 43, 105, 106, and c. 85, s. 69, awarded compensation to the proctors, and admitted them to practise, not only in the Probate and Divorce Courts, but also in the Courts of Equity and Common Law. The Solicitors Act, 1877, s. 17, allows solicitors to practise as proctors; the Jud. Act, 1925, s. 256 (1), replacing Jud. Act, 1873 (s. 87), gives them the title of 'Solicitors of the Supreme Cour...
Eels
Eels. By the (English) Salmon and Freshwater Fisheries Act, 1923 (13 & 14 Geo. 5, c. 16), s. 35, no person is to fish for eels by rod and line during the annual close season for freshwater fish; s. 36 prohibits the use of eel baskets between 31st December and 25th June; but eels and the fry of eels are not freshwater fish by s. 92; there is a close season for elvers (which includes the fry of eels) in the Severn fishery district between 31st December and 1st March, also between 25th April and 25th June (s. 87). See Chitty's Statutes, tit. 'Fish....
Dangerous goods
Dangerous goods, Act as to the carriage and deposit of, 29 & 30 Vict. c. 39, repealed by the Explosives Act, 1875. See EXPLOSIVE SUBSTANCES; Bamfield v. Goole Transport Co., (1910) 2 KB 94; and Dominion Natural Gas Co. v. Collins,1909 AC 640. As to the sale of dangerous goods, see Clarke v. Army & Navy Co-operative Soc., (1903) 1 KB 155.In Merchant Shipping Act, 1894 (s. 446) 'Dangerous goods', is defined to mean 'acqua fortis, vitriol, naphta, benzine, gunpowder, lucifer matches, nitroglycerine, petroleum, any explosives within the meaning of the Explosives Act, 1875, and any other goods which are of a dangerous nature.Means any article or substance which is capable of posing significant risk to health, safety or property when carried by air, Air Navigation (Dangerous Goods) Regulation, 1985, SI 1985/1939, reg. 3(1) (UK), Halsbury's Laws of England (2), para 1654, p. 810.Means goods designated as dangerous goods by safety regulations under the Merchant Shipping Act, 1995, s. 87(5) (UK...
Lost Bill of Exchange, Cheque, or Promissory Note
Lost Bill of Exchange, Cheque, or Promissory Note. The (English) Bills of Exchange Act, 1882, s. 69, replacing the repealed 9 & 10 Wm. 3, c. 17, s. 3, enacts that if a bill of exchange, or cheque, or note, be lost before it is overdue, 'the person who was the holder of it may apply to the drawer to give him another bill (or cheque, or note) of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill (or cheque, or note) alleged to have been lost shall be found again'; and that 'if the drawer on request as aforesaid refuses to give such duplicate bill (or cheque, or note), he may be compelled to do so.' By s. 70 of the same Act, re-enacting 17 & 18 Vict. c. 125, s. 87, 'in any action or proceeding on' a bill (or cheque, or note), the Court may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the Court against the claims of any other person upon the instrument...
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