Surrender - Law Dictionary Search Results
Home Dictionary Name: surrenderSurrender
Surrender [fr. sursum redditio], an assurance restor-ing or yielding up an estate, the operative verbs being 'surrender and yield up.' The term is usually applied to the giving up of a lease before the expiration of it: it generally means the giving up of a lesser estate to a greater; a release is the giving up of a greater to a less interest, enlarging the latter.The effect of a surrender is to pass and merge the estate of the surrender or to, and into, that of the surrenderee.By the combined operation of s. 3 of the Statute of Frauds, and the (English) Real Property Act, 1845, s. 3, now replaced by ss. 51 to 55 of the (English) Law of Property Act 1925, every express surrender must be in writing, and every express surrender of a more than three years' term must be by deed. As to surrenders of leases by mortgagors or mortgagees, in possession, see s. 100, (English) L.P. Act, 1925. But there may be an implied surrender or, as it is called in the Statute of Frauds, a surrender 'by act a...
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
cash surrender value
cash surrender value : the amount of money an insurer will pay the insured upon surrender of a life insurance policy usually calculated as the reserve held by the insurer against the policy less a charge for surrender and any outstanding indebtedness ...
Surrender of the demised estate
Surrender of the demised estate, means yielding up of the estate to the landlord, so that the leasehold interest becomes extinct by mutual agreement between the parties or by operation of law. It does not involve alienation of an estate. Under a surrender, the landlord resumes possession of the property without opposition from the tenant. The term 'surrender' is well-known to law and generally distinguished from abandonment which is another term that does not involve transfer, Mubarak Husain v. Custodian-General of Evacuee Property, New Delhi, AIR 1957 Punj 197....
surrender value
surrender value : cash surrender value ...
surrender
surrender 1 a : to yield to the control or possession of another [ the leased premises] [ collateral to a creditor] b : to give up completely or agree to forgo c : to cancel (one's insurance policy) voluntarily 2 : to give over to the custody of the law [ a defendant] vi : to give oneself up n : an act or instance of surrendering [discharge an obligor by of a promissory note] ;esp : the yielding of an estate by a tenant to the landlord so that the leasehold interest is extinguished by mutual agreement ...
Surrender of fugitives
Surrender of fugitives. Penal laws of foreign countries are strictly local, and affect nothing more than they can reach and can be seized by virtue of their authority. A fugitive who passes hither comes with all his transitory rights. He may recover money held for his use, and stock, obligations, and the like; and cannot be affected in this country by proceedings against him in that which he has left, beyond the limits of which such proceedings do not extend. 'The lex loci must needs govern all criminal jurisdiction, from the nature of the thing and the purpose of the jurisdiction.', Warrender v. Warrender, (1834) 9 Bligh 119. See EXTRADITION...
Extradition
Extradition, the surrender by a foreign state of a person accused of a crime to the state where it was committed, in order that he may be tried there. It is recognized as a duty, independent of treaty, by international law, but is usually the subject of treaty terminable at one year's notice. The (English) Extradition Act, 1870 (33 & 34 Vict. c. 52), 'as to the whole of His Majesty's dominions' provides (s. 2) that where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides for the arrangements and procedure regarding extradition, see R. v. Daye, (1908) 2 KB 333, and imposes various restrictions thereon, e.g., in regard to political offences. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), adds offences in connection...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
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