Secondary Use - Law Dictionary Search Results
Home Dictionary Name: secondary useSecondary use
Secondary use, a use limited to take effect in derogation of a preceding estate; otherwise called a shifting use, as a conveyance to the use of A. and his heirs, with a proviso that when B. returns from India, then to the use of C. and his heirs, Steph. Com. Vol. II., 'Present and Future Interests.'...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Shifting use
Shifting use, a secondary or executory use, which, when executed, operates in derogation of a preceding estate: as land conveyed to the use of A. and his heirs, with proviso that when B. pays a certain sum of money, the estate shall go to the use of C. and his heirs. The legal estates thereby created have been converted as from the 1st January, 1925, into equitable interests (see Law of Property Act, 1925, ss. 1 and 39 and the 1st Sch., Part I.). The instrument declaring the use if it was still in contingent operation on the 31st December, 1925, is a settlement within the meaning and for the purposes of the Settled Land Act, 1925, s. 1 (ii.) (b). See also SPRINGING USE....
Secondary evidence
Secondary evidence, Secondary evidence means and includes:(1) Certified copies given under the provisions hereinafter contained;(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;(3) Copies made from or compared with the original;(4) Counterparts of documents as against the parties who did not execute them;(5) Oral accounts of the contents of a document given by some person who has himself seen it. [Evidence Act, 1872 (1 of 1872), s. 63]That species of proof which is admitted on the loss of primary evidence. There are no degrees of this evidence; for example, if a letter be lost it may be as good as recite it from memory as to produce a copy. It is the province of the judge to decide whether a document produced be original or not, and until he decides it is not, no secondary evidence can be put in. See NOTICE TO ADMIT; NOTICE TO PRODUCE; HEARSAY....
secondary boycott
secondary boycott : a boycott of an employer with which a union does not have a dispute that is intended to induce the employer to cease doing business with another employer with which the union does have a dispute compare primary boycott NOTE: Secondary boycotts are usually illegal under the National Labor Relations Act. ...
secondary meaning
secondary meaning : a developed association in the public's mind between the mark, name, or trade dress of a product and a specific manufacturer originating it that renders the mark, name, or trade dress protectable under trademark law [the general descriptive name of the product acquired secondary meaning] ...
secondary picketing
secondary picketing : the picketing of an employer who conducts business with an employer with whom a union has a dispute NOTE: Secondary picketing that is not for the purpose of informing the public of the dispute violates the Labor Management Relations (Taft-Hartley) Act. ...
secondary
secondary 1 : of second rank, status, importance, or value 2 : derived from something original or primary 3 : of, relating to, or being the second order or stage in a series sec·ond·ar·i·ly [se-kən-der-ə-lē] adv sec·ond·ar·i·ness [se-kən-der-ē-nəs] n ...
secondary beneficiary
secondary beneficiary see beneficiary ...
secondary evidence
secondary evidence see evidence ...
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