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Section 110 - Law Dictionary Search Results

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Appearance sec. stat

Appearance sec. stat. (i.e., Secundum statutum), which was entered at law by a plaintiff for a defaulting defendant under 12 Geo. 1, c. 29, and 2 Wm. 4, c. 39, was abolished by 15 & 16 Vict. c. 76, s. 26....


Judgment

Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...


Vesting instrument

Vesting instrument, a deed, order of Court, or assent, constituting the evidence under the (English) Settled Land Act, 1925, of the title of a tenant for life or statutory owner to the legal estate in settled property as estate owner thereof. This evidence is essential for the settlement of a legal estate in land otherwise than by way of trust for sale (Settled Land Act, 1925, s. 4). The trusts are (after 1925) to be declared by a separate instrument called the Trust Instrument (see that title). Sec. 5 of the Act provides that the principal vesting deed must state:(a) a description of the settled land;(b) that the settled land is vested in the person or persons to or in whom it is conveyed or declared to be vested upon the trusts from time to time affecting the settled land;(c) the names of the trustees of the settlement;(d) any powers which are additional or larger than the statutory powers and are exercisable as statutory powers under the Act;(e) the name of the person entitled under...


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...


Affidavit to hold to bail

Affidavit to hold to bail. By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 3, it was provided that upon an affidavit of the existence of a debt to the amount of 20l. or upwards, and that a defendant was about to quit England, the plaintiff might apply to a judge to hold such defendant to bail. The (English) Bankruptcy Repeal and Insolvent Court Act, 1869, s. 20, repealed the above section and substituted other provisions. See ABSCOND....


Building

Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...


Bill

Bill. See BILL IN CHANCERY; BILL OF EXCHANGE; BILL IN PARLIAMENT, etc.The word 'Bill' in the proviso must be interpreted to include an amendment of any of the clause of the Bill, at least any substantial amendment thereof, Babulal Parate v. State of Bombay, AIR 1960 SC 51 (55): (1960) 1 SCR 605. (Constitution of India, Art. 3, Proviso)Bill, in the Indian Parliament, a bill can originate in either House of Parliament. However a Money Bill and a Bill containing inter alia provisions attracting clause (1) of Article 110 of the Constitution cannot be introduced in Rajya Sabha, Constitution of India, Article 107.Bill, in England, a bill may be introduced either in the House of Commons or in the House of Lords but a great majority are introduced in the lower House; Generally, no Bill involving finance may be introduced in the House of Lords and in practice only routine and non-controversial Legislation is initiated in the Upper House. The office of the Speaker in the Parliament of Commonweal...


Overcrowding

Overcrowding. By Part IV. of the (English) Housing Act, 1936 (26 Geo. 5 and 1 Edw. 8), s. 58, it is provided that a dwelling-house shall (subject to the provisions of the Act) be deemed for the purposes of the Act to be overcrowded at any time when the number of persons sleeping in the house either.(a) is such that any two of those persons being 10 years old or more of opposite sexes and not living together as husband and wife sleep in the same room, or(b) is in relation to the number and floor area of the rooms of which the house consists, in excess of the permitted numbers defined in the 5th Sched. To the Act, i.e., in effect--TABLE IRooms. Persons.(a) 1 2(b) 2 3(c) 3 5(d) 4 7 1/2(e) 5 10andTABLR II (in the aggregate)Square feet. Persons.110 290 to 110 1 1/270 to 90 150 to 70 1/2Children under 1 year old do not count; from 1 to under 10 are reckoned as half.After the appointed day overcrowding is made an offence on the part of the occupier as well as (subject to statutory provisions)...


Tithe Rent-Charge

Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...


Building bye-law

Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....



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