Taking And Retaining - Law Dictionary Search Results
Home Dictionary Name: taking and retaining Page: 2Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
Name
Name [fr. nomen, Lat.; nom, Fr.; or namo, Goth.; nama, Sax.; naem, Dut.], the discriminative appellation of an individual.Proper names are either Christian names, as being given at baptism, or surnames, from the father, 4 Rep. 170.A Christian name may be altered at confirmation with consent of the bishop, and the bishop is directed by a Constitution of 1281 to change 'wanton names' at confirmation. See Blunt's Church Law, 2nd ed. at p. 60, where two post-Reformation instances are given of a bishop changing Christian name at confirmation, and it is said to be 'believed that cases still occur where this is done.'Marriage confers a name upon a woman, which is not lost by her divorce, and she can acquire another only by obtaining it by repute obliterating her name by marriage, see Fendall v. Goldsmid, (1877) 2 PD 263. As to retainer of a title, see Cowley v. Cowley, 1901 AC 450.Any one may take on himself whatever surname or as many surnames as he pleases, without an (English) Act of Parli...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Cujus est solum ejus est usque ad c'lum et ad inferos, ormore succinctly, Cujus est solum ejus est altum
Cujus est solum ejus est usque ad c'lum et ad inferos, ormore succinctly, Cujus est solum ejus est altum Co. Litt. 4.-(Whose is the soil, his it is even to heaven and to the middle of the earth.) Therefore a man whose land is overhung by his neighbour's treemay cut downthe overhanging boughs, Lemmon v. Webb, 1895 AC 1; and a man who parts with his land, but ishes to retain the minerals beneath it, must expressly reserve them, unless he sell to a railway company, which by s. 77 of the (English) Railways Clauses Consolidation Act, 1845, does not take mines unless the conveyance of the land expressly grants them. As to action for trespass and other torts by aircraft, see the (English) Air Navigation Act, 1920 (10 & 11 Geo. 5, c. 80), s. 9....
Carry over
Carry over, a term used in the Stock Exchange to denote the process of postponing the completion of a contract, either for the purchase or sale of stocks or shares, to a later date than that originally fixed. When this happens the buyer usually pays the seller interest on the capital involved, the seller retaining the stocks or shares till the transaction is ultimately completed. This interest is called a 'contango.' If, on the other hand, the buyer is anxious to pay for and take up to stocks or shares but the seller is unable to deliver, the buyer would not pay interest to the seller, but on the contrary exacts a payment from him, as consideration for postponing the completion of the contract. This payment is called a 'backwardation,' or shortly a 'back.'An income-tax deduction (esp. for a net operating loss) that cannot be taken entirely in a given period but may be taken in a later period (usu. the next five years), Black's Law Dictionary, 7th Edn....
Sacrist
A sacristan also a person retained in a cathedral to copy out music for the choir and take care of the books...
Match
Anything used for catching and retaining or communicating fire made of some substance which takes fire readily or remains burning some time esp a small strip or splint of wood or cardboard dipped at one end in a substance which can be easily ignited by friction as a preparation of phosphorus or chlorate of potassium...
depose
depose de·posed de·pos·ing vt 1 : to testify to under oath or by sworn affidavit 2 : to take testimony from esp. by deposition [plaintiffs…were entitled to experts retained by the defendants "National Law Journal"] compare examine vi : testify [the plaintiff deposed in person to many specific facts "Mintz v. Atlantic Coast Line R. Co., 72 S.E.2d 38 (1952)"] ...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
lien
lien [Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind] : a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law ;specif : a security interest created esp. by a mortgage assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement attachment lien : a lien acquired on property by a creditor upon levy of an attachment car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also special lien choate lien : a lien that requires no further action to be made enforceable and th...
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