Puisne Justices Of The Supreme Court Of Ceylon
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Puisne Justices Of The Supreme Court Of Ceylon
Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art used mainly in British English meaning "inferior in rank". Judicial usage The judges and barons of the national common law courts at Westminster, other than those having a distinct title, were called puisne. This was reinforced by the Supreme Court of Judicature Act 1877 following which a "puisne judge" is officially any of those of the High Court other than the Lord Chancellor, the Lord Chief Justice of England and the Master of the Rolls (plus the abolished positions of Lord Chief Justice of the Common Pleas, and the Lord Chief Baron of the Exchequer). Puisne courts existed as lower courts in the early stages in the judiciary in British North America, in particular Upper Canada and Lower Canada. The justices of the Supreme Court of Canada other than the Chief Justice are still referred to ...
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Old French
Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th [2-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it was deemed no longer make to think of the varieties spoken in Gaul as Latin. Although a precise date can't be given, there is a general consensus (see Wright 1982, 1991, Lodge 1993) that an awareness of a vernacular, distinct from Latin, emerged at the end of the eighth century.] and mid-14th centuries. Rather than a unified Dialect#Dialect or language, language, Old French was a Dialect cluster, group of Romance languages, Romance dialects, Mutual intelligibility, mutually intelligible yet Dialect continuum, diverse. These dialects came to be collectively known as the , contrasting with the , the emerging Occitano-Romance languages of Occitania, now the south of France. The mid-14th century witnessed the emergence of Middle French, the lang ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ...
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Glossary Of Land Law
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies. Glossary ; Borough English ;Copyhold :n. an interest, or tenure, in land where the holder's title deeds were copy of the entries kept by the lord of the manor. It was incrementally abolished from 1841 to 1925. ; Deforce :v. to unlawfully withhold land from its true owner or from any other person who has a right to the possession of it. ;Ejectment :n. a claim by a land owner to eject a person from the land. The modern term is "eviction". ;Feoffee :n. a person who holds land for the benefit of another person. It derives from the old word "fief", which is a right to land (as in fiefdom, dominion over land) and relates now to the modern concept of a "fee simple", immediate and indefinite ownership of land. ;Gavelkind ;Mortgage :n. a right arising from a contract to take the title deeds for a specific asset (usually a house) and give ...
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Default (finance)
In finance, default is failure to meet the legal obligations (or conditions) of a loan, for example when a home buyer fails to make a mortgage payment, or when a corporation or government fails to pay a bond which has reached maturity. A national or sovereign default is the failure or refusal of a government to repay its national debt. The biggest private default in history is Lehman Brothers, with over $600 billion when it filed for bankruptcy in 2008 (equivalent to over $ billion in ). The biggest sovereign default is Greece, with $138 billion in March 2012 (equivalent to $ billion in ). Distinction from insolvency, illiquidity and bankruptcy The term "default" should be distinguished from the terms "insolvency", illiquidity and "bankruptcy": * Default: Debtors have been passed behind the payment deadline on a debt whose payment was due. * Illiquidity: Debtors have insufficient cash (or other "liquefiable" assets) to pay debts. * Insolvency: A legal term meani ...
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Land Charges Act 1972
The Land Charges Act 1972 (c. 61) is a UK act of Parliament that updates the system for registering charges on unregistered land in England and Wales. It repealed and updated parts of the Land Charges Act 1925 and other legislation affecting real property. Background In the early 20th century, a package of reforms were made to register land in England and Wales to make conveyancing cheaper and simpler, and free land to the market. The main legislation was the Land Registration Act 1925, the Law of Property Act 1925, the Trustee Act 1925, and the Settled Land Act 1925. However, much land was to remain unregistered. Instead, for land which was not yet registered, people could choose to explicitly register interests under the Land Charges Act 1925, and so secure better protection than the common law might provide against a bona fide purchaser without notice of any equitable interest to be protected. A local land charge is a restriction or prohibition imposed on a particular piec ...
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HM Land Registry
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Ministry of Housing, Communities and Local Government(MHCLG). The land register contains information on 87% (by area) of the freehold land in England and Wales as of 2019. While HM Land Registry reports to MHCLG, it is operationally independent. The fees it charges for the registration and information services it provides are returned to HM Treasury. The current Chief Land Registrar (and CEO) is Simon Hayes. The equivalent office in Scotland is the Registers of Scotland. Land and Property Services maintain records for Northern Ireland. Purpose HM Land Registry registers the ownership of property, as well as noting other interests in registered land. It is one of the largest property databases in Europe. At the peak of the property boom in 2007, £1 million worth of property was proces ...
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Land Registration
Land registration is any of various systems by which matters concerning ownership, Possession (law), possession, or other rights in Real estate, land are formally recorded (usually with a government agency or department) to provide evidence of title (property), title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastre, Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falk ...
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Security Interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person is loaned money from a bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are ...
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Title Deeds
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of using seals; however, attesting witnesses have replaced ...
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Estate In Land
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation. This should be distinguished from an " estate" as used in reference to an area of land, and " estate" as used to refer to property in general. In property law, the rights and interests associated with an estate in land may be conceptually understood as a " bundle of rights" because of the potential for different parties having different interests in the same real property. Categories of estates Estates in land can be divided into four basic categories: # Freehold estates: rights of conveyable exclusive possession and use, having ''immobility'' and ''indeterminate duration'' #* fee simple #** fee simple absolute—most ri ...
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Unregistered Land In English Law
Unregistered land in English law is land that has not been registered with HM Land Registry. Under the residual principles of English land law, for unregistered land proof of title is based upon historical title deeds and a registry for certain charges under the Land Charges Act 1972. Compulsion to register In 2013, because registration of title was never made compulsory ''per se'', 18 per cent of land in England and Wales remained unregistered. Only if a transaction identified in the Land Registration Act 2002 section 4 took place, as under the Land Registration Act 1925, would the land be compulsorily entered on the register. Such events have resulted in the amount of unregistered land decreasing by around 1 per cent a year. As of 2022, the amount of land unregistered in England and Wales stood at 12 per cent. Voluntary registration is possible, and efforts to encourage large land owners to do so contributed to a large drop in the amount of unregistered land from around 50% i ...
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Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. '' Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligati ...
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