Terms For Years - Law Dictionary Search Results
Title to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
loan
loan 1 a : money lent at interest b : something lent usually for the borrower's temporary use 2 : a transfer or delivery of money from one party to another with the express or implied agreement that the sum will be repaid regardless of contingency and usually with interest ;broadly : the furnishing of something to another party for temporary use with the agreement that it or its equivalent will be returned [the leasing of the vehicle was termed a subject to usury statutes] bridge loan : a short-term loan used as a means of financing a purchase or enterprise prior to obtaining other funds [used a bridge loan to purchase a new home prior to the sale of their previous one] con·ven·tion·al loan [kən-ven-chə-nəl-] : a loan for the purchase of real property that is secured by a first mortgage on the property rather than by any federal agency demand loan : a loan that is subject to repayment upon demand of the lender home equity loan : a loan or line o...
Tacit relocation
Tacit relocation, a silent or understood reletting of premises after the expiration of a lease, upon the same terms, etc., as those of such lease, Scots Term.Means the implied or constructive renewal of a lease, usually, on a year-to-year basis, when the landlord and tenant have failed to indicate their intention to have the lease terminated at the end of the original term, Black's Law Dictionary, 7th Edn., p. 1465....
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
Municipal corporation
Municipal corporation. A body of persons in a town having the powers of acting as one person, of holding and transmitting property, and of regulating the government of the town. Such corporations existed in the chief towns of England (as of other countries) from very early times, deriving their authority from 'incorporating' charters granted by the Crown.The Municipal Corporations Act,1835 (5 & 6 Wm. 4, c. 76), passed after local inquiries by Royal Commissioners, completely reorganized the constitution of these corporations, and abrogated all charters so far, but so far only, as inconsistent with it. This Act applied to 178 corporations named in the schedules thereto, and to 68 other corporations subsequently receiving a charter, a town to which it applied being styled a 'borough.'The (English) Act of 1835 was amended by a series of statutes passed from time to time, and consolidated by the (English) Municipal Corporations Act,1882 (45 & 46 Vict. c. 50), which, in turn (except for Lond...
Adoption
Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reason...
Dissolution
Dissolution, the act of breaking up. A partnership may be dissolved either by a proper notice, or effluxion of time as agreed upon in the Articles of partnership, or by death, marriage, lunacy, bankruptcy, or by judgment of the High Court, (English) Partnership Act,1890 (53 & 54 Vict. c. 39), ss. 32-34.A dissolution is the civil death of the Parliament, and is effected in two ways:- (1) By the sovereign's will, expressed either in person or by representation. (2) By length of time, i.e., five (formerly seven) years. See (English) Parliament Act, 1911; SEPTENNIAL ACT. By the (English) Representation of the People Act, 1867 (30 & 31 Vict. c.102), s. 51, Parliament is not determined or dissolved by the demise of the Crown.When a company has been completely wound up by the Court, the Court must make an order that the company is dissolved from the date of the Order (English) (Companies Act, 1929 s. 221): as to dissolution on a voluntary winding up see ss. 236 and 245 ibid. Under the same s....
Buggery
Buggery, sodomy, punishable by the (English) Offences against the Person Act, 1861, s. 61, by penal servitude for life or any term not less than ten years, but by the effect of the Penal Servitude Act, 1891, a maximum term of two years' imprisonment may in the discretion of the Court be imposed. And see BLACK MAIL, and INFAMOUS CRIME....
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
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