Severability Clause - Law Dictionary Search Results
Apportionment
of benefits and burdens according to their nature to each part of an estate or other property upon severance, by conveyance, surrender or otherwise. At Common Law rent was apportionable upon severance by act of law, e.g., … of the land demised. As to agricultural holdings, see (English) L. P. Amendment Act, 1926. The (English) Lands Clauses Act, 1845, as. 119, provides for an apportionment of rent where part only of lands subject to a
Will
come to mean that document in which the intention is contained. The same has been the case with several other English law terms, the concrete has superseded the abstract - obligation, bond, contract, are examples (William: Wills … and 59) Will shall include a codicil and every writing making a voluntary posthumous disposition of property. [General Clauses Act, 1897 (10 of 1897), s. 3(64)] 1. Wish; desire choice 2. A document by which a person
Shall
AIR 1979 SC 1149 (1153): (1979) 2 SCC 196: (1979) 1 SCR 1070. (ix) The word 'shall' in clause (c) of sub-s. (1) of s. 244 of the Andhra Pradesh (Telengana Area) District Municipalities Act, 1956 in … Additional District Judge, AIR 1989 SC 255: (1989) 1 SCC 1. (xiv) Ordinarily, the word 'shall' used at several places in the provision must be given the same meaning at all places. However, this is not an
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Justices
called justices of the quorum; but the modern practice is to include all the justices in the quorum clause. A justice named in the commission is not at liberty to act until he has taken the oath … of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of
Rent
rent, which is in effect nothing more than a rent reserved by deed or will, but without any clause of distress. See infra. (5) Rents of assize, the certain established rents of the freeholders, and ancient copyholders … the use or occupancy of property (esp. real property), Black's Law Dictionary, 7th Edn., p. 1299. There are several kinds of rents, viz.:- (1) Rent-service, so called because it has some corporeal service incident to it, as
Judgment
the reasons given by the court for its decision. An order for transfer of a suit made under clause 13 of the Letters Patent of the Calcutta High Court is not a 'judgment' within the meaning of … 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,
Abstract of title
with such matters in pais, as births, majorities, marriages, deaths, survivorships, pedigrees, descents, and successions, as connect the several transactions, or in any wise vary the title; and these facts should be authenticated by such legal evidence … the vendor prepares the abstract at his client's expense (except on sales to a company under the Lands Clauses Act, 1845, s. 22, when it must be borne by the company, unless it be stipulated otherwise), and
Offence
damage follows. Other offences are divided into three classes, viz.:- (1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles. Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence. It means any act or omission made punishable … context otherwise provides for words which are not defined in the Constitution, the meaning assigned in the General Clauses Act, 1897 may apply. S. 3(38) of the General Clauses Act defines 'offence' as any act or omission
Joint-tenancy
deed (lest the title be in cumbered with notice of their trust), it was usual to insert a clause, called a joint account clause, providing against the application of this rule of equity; see now (English) L.P. … the donees, being male and female, might lawfully marry; otherwise the donees possess estates for life only, with several inheritances in tail. An estate cannot be granted to two or more jointly and severally, for severally is
Corporation or body politic
imputation of murder, or incest, or adultery, because it could not commit those crimes (Odgers on Libel). The several members of a corporation and their successors constitute but one person in law. The duty of a corporation … these cases, the affixing of the common seal is not necessary; and see s. 97 of the Companies Clauses Act, 1845, s. 174 of the Public Health Act, 1875; Young v. Corporation of Leamington, (1883) 8 App
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