Vacant - Law Dictionary Search Results
Home Dictionary Name: vacant Page: 3Simony
Simony, ['payment for things spiritual'] the corrupt presentation of, or the corrupt agreement to present any one to an ecclesiastical benefice for reward. It is derived from Simon Magus, who offered money to the Apostles for the power to work miracles (Acts viii. 18-24). It is an offence by statute 31 Eliz. c. 6, which by s. 5, 'for the avoiding of simony,' directs that the corrupt presentation shall be void, and the presentation shall go to the Crown, and the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), required a declaration against simony to be subscribed by every person about to be instituted or collated to any benefice or to be licensed to any perpetual curacy, lectureship, or preachership. This declaration, which was only to the effect that the declarant had not been party to any contract to the best of his knowledge simoaniacal, is now superseded by a far more effective and specific declaration scheduled to the Benefices Act, 1898 (61 & 62 Vict. c. 48), which declara...
Street
Street, as appearing in different provisions of the Punjab Municipal Act is to be read in the wider sense and not to be treated only as a lane. Parking place attached to road is also covered, Harpal Singh v. State of Punjab, AIR 1992 P&H 314. [Land Acquisition Act (1 of 1894), ss. 5A, 17; Punjab Municipal Act (3 of 1911), s. 58]Street, in the (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), by s. 343, includes any highway, including a highway over any bridge, and any road, lane, footway, square, Court, alley or passage, whether a thoroughfare or not; and see A.G. v. Laird, 1925 C 318.Includes any way, road, lane, square, court, alley or passage in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or foot-way over any bridge or cause way. [Cantonments Act, 1924 (2 of 1924), s. 2(xxxvii)]Includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare ...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Urban immovable property
Urban immovable property, the expression 'urban' immovable property' may mean 'land and buildings', or 'buildings' or 'land'. It would take in lands of every description, i.e., agricultural land, urban land or any other kind and it necessarily includes vacant land, Union of India v. Valluri Basavaiah Choudhary, AIR 1979 SC 1415 (1425): (1979) 3 SCR 324....
Vacation of seats
Vacation of seats, in India, a member of Lok Sabha or Rajya Sabha ceases to be a member of that House and his seat remains vacant under various circum-stances, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 31....
Guardian of the temporalities
Guardian of the temporalities, the person to whom custody a vacant see or abbey was committed by the Crown....
Conge d'Eslire, or elire
Conge d'Eslire, or elire (leave to elect). The king's licence or permission sent to a dean and chapter to proceed to the election of a bishop or archbishop, when the office becomes vacant. By 25 Hen. 8, c. 20, the sovereign may grant this licence 'with a letter missive containing the name of the person whom they shall elect and choose,' and it is enacted that the dean and chapter shall elect the said person and none other, and that if they defer their election above twelve days, the sovereign at his liberty and pleasure shall appoint such person to the office as he shall think able and convenient for the same. See R. v. Archbishop of Canterbury, (1902) 2 K B 503....
Droits of admiralty
Droits of admiralty, the perquisites attached to the office of Admiral of England (or Lord High Admiral). Prince George of Denmark, the husband of Queen Anne and Lord High Admiral, resigned the rights to these droits to the Crown for a salary, as Lord High Admiral, of 7,000l. a year. When the office was vacant, they belonged to the Crown. Of these perquisites, the most valuable is the right to the property of an enemy seized on the breaking out of hostilities. In the arrangement of the Civil List during the recent reigns, it was settled that whatever droits of Admiralty accrued were to be paid into the Exchequer for the use of the public. The Lord High Admiral's right to the tenth part of the property captured on the seas has been relinquished in favour of the captors. Droits of Admiralty also included all unclaimed wreck, flotsam, jetsam, ligan and derelict, which are now dealt with by the (English) Receiver of Wreck for the District, Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60),...
Gap
An opening in anything made by breaking or parting as a gap in a fence an opening for a passage or entrance an opening which implies a breach or defect a vacant space or time a hiatus a mountain pass...
succession
succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, position, title, or throne [the sequence of to the presidency] b : the right of a person or line of ancestry to succeed c : the line of ancestry having such a right 2 a : the act or process of following in order b : the act or process of one person's taking the place of another in the enjoyment of or liability for rights or duties or both 3 : the act or process by which a person becomes entitled to the property or property interest of a deceased person and esp. an intestate : the transmission of the estate of a decedent to his or her heirs, legatees, or devisees ;also : the estate of the deceased including assets and liabilities used chiefly in the civil law of Louisiana intestate succession 1 : the transmission of property or property interests of a decedent as provided by statute as distinguished from the transfer in accordance with the decedent's wi...
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