Sec 76 - Law Dictionary Search Results
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Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Plan
Plan. In the (English) Copyright Act, 1911, 'literary work' includes 'plans' (s. 35); and see also as to plans, s. 2, sub-s. (1) (ii). see COPYRIGHT. Under various Acts, plans have to be deposited with local authorities for various purposes. If the local authority neglects to pass the plans the remedy is by mandamus, Davis v. Bromley Corporation, (1908) 1 KB 170 and R. v. Cambrdige Corporation, (1922) 1 KB 250. As to a purchaser's right to have the property conveyed to him by reference to a plan on his conveyance, see Re Sansom, (1910) 1 Ch 741; Re Sparrow, ib. 2 Ch 60, and as to maps as evidence, Storey v. Eastborune R.D.C., (1927) 1 Ch 367.Under the Land Registration Act, 1925, s. 76, land may be described by description on a map or plan. For the practice of the Land Registry, consult The Land Registry General Map, by W.S. Tratman, and LR Rules, 272-285.As to the property in plans, see ARCHITECT.In common acceptation mean 'a drawing or diagram made by projections on a horizontal plan...
Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
Quiet enjoyment
Quiet enjoyment. A qualified covenant for quiet enjoyment is usually inserted in leases and excludes the implied covenant, which is far more extensive. For the implied covenant may guarantee the lessee against any lawful entry whatever, whereas the express covenant, as usually worded, guarantees the lessee only against entry by the lessor or persons 'claiming by, from, or under him,' so that a lessor having no title to the demised premises may safely enter into the qualified covenant for quiet enjoyment, for an ejectment of the lessee by the real owner would not be an ejectment by a person claiming by the lessor, but against him, See Woodfall, L. & T., and Baynes v. Lloyd, (1895) 2 QB 610; Jones v. Lavington, (1903) 1 KB 253.A covenant for quiet enjoyment is implied by virtue of s. 7 of the (English) Conveyancing Act, 1881, reproduced under ss. 76 and 77 of the Law of Property Act, 1925, Sched. 2, Parts 1, 2, in any conveyance for value made after the commencement of that Act by a pers...
London
London, the metropolis of England. for a short account of early London, see 3 Hallam, Mid. Ages, p. 219.The 'city' of London, which is not subject to the Municipal Corporations Act, contains only 671 acres and is divided into twenty-six wards, over each of which there is an alderman, and is governed by a lord mayor, who is chosen yearly. As to the customs of the city, see Pulling's Customs of London, p. 5 et seq.The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict. c. 94.The administrative 'county' of London was established by the Local Government Act, 1888, s. 40, and consists of the city of London and the various metropolitan parishes in the counties of Middlesex, Surrey, and Kent, which prior to that Act were subject to the jurisdiction of the Metropolitan Board of Works, constituted by the (English) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the powers of which board are transferred to the London County Council, the number o...
Assent of personal representatives
Assent of personal representatives, At Common Law the personal estate passing by the will of a deceased person, including chattels real vested in the executor, virtute officii. The property passed to the legatee as soon as the executors assented to the bequest. The transfer was made not by the mere force of the assent but by virtue of the will, Attenborough v. Solomon, 1912 AC 76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt of rent and profits, but the assent was required to be definite and unambiguous. When given it related back to the date of death and as a rule it could not be withdrawn [but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate passed to the heir-at-law of th...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Beneficial owner
Beneficial owner, See COVENANTS, TITLE FOR, and also s. 76 of the (English) L. P. Act, 1925, replacing s. 7, Conveyancing Act, 1881.means a person whose name is recorded as such with a depository. [Depositories Act, 1996 (22 of 1996), s. 2 (1) (a)]Means a person having the right to deal with the shares as his own, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 2183, p. 2182; Brookland Selangor Holdings Ltd. v. IRC, (1970) 2 All ER 76: (1970) 1 WLR 429; Baytrust Holdings Ltd. v. IRC, (1971) 3 All ER 76: (1971) 1 WLR 1333; Holmleigh Holdings Ltd. v. IRC, (1958) 37 ATC 406....
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