Amotion


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Amotion

Putting out; removal; taking away; dispossession of lands.

Amotion essentially means the deprivation of possession. The term has been used to describe a wrongful seizure of personal chattels.

The most common legal use of the word is in corporation law. In that context, amotion is the ousting of an officer from his or her post in the corporation prior to the end of the term for which the officer was appointed or elected, without taking away the person's right to be a member of the corporation. It can be distinguished from Disfranchisement, which is the total expulsion of a corporation's officer or official representative.

See: removal

AMOTION. In corporations and companies, is the act of removing an officer from his office; it differs from disfranchisement, which is applicable to members, as such. Wille. on Corp. n. 708. The power of amotion is incident to a corporation. 2 Str. 819; 1 Burr. 639.
     2. In Rex v. Richardson, Lord Mansfield specified three sorts of offences for which an officer might be discharged; first, such as have no immediate relation to the office, but are in themselves of so infamous a nature, as to render the offender unfit to execute any public franchise; secondly, such as are only against his oath, and the duty of his office as a corporator, and amount to breaches of the tacit condition annexed to his office; thirdly, the third offence is of a mixed nature; as being an offence not only against the duty of his officer but also a matter indictable at common law. 2 Binn. R. 448. And Lord Mansfield considered the law as settled, that though a corporation has express power of amotion, yet for the first sort of offences there must be a previous indictment and conviction; and that there was no authority since Bagg's Case, 11 Rep. 99, which says; that the power of trial as well as of amotion, for the second offense, is not incident to every corporation. He also observed: "We think that from the reason of the thing, from the nature of the corporation, and for the sake of order and good government, this power is incident as much as the power of making bylaws." Doug. 149.
     See generally, Wilcock on Mun. Corp. 268; 6 Conn. Rep. 632; 6 Mass. R. 462; Ang. & Am. on Corpor. 236.

AMOTION, tort. An amotion of possession from an estate, is an ouster which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined. 3 Bl. Com. 198, 199. Amotion is also applied to personal chattels when they are taken unlawfully out of the possession of the owner, or of one who has a special property in them.

References in periodicals archive ?
Amotion pursuant to this rule is needed only if the sentencing error has not been adequately preserved for review at an earlier time in the trial court.
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Last month, Labour MPs filed amotion in the Commons asking why Everton has been allowed to bid for so much public money.
We could easily lose such amotion, and that wouldn't look good.
But amotion of no confidence is a whipped vote and has to be taken seriously." Currently there are 30 Labour AMs and 30 AMs representing the three opposition parties.
The pair, who both represent Plaid Cymru in the city's ruling Plaid/Lib Demcoalition, will face amotion ofno confidence at a meeting of the full council later this month.
Amotion ensuring the quarterfinals of all higher education competitions are played before Christmas was withdrawn on Saturday before it even hit the congress floor.
Amotion by his counsel, Mungo Bovey QC, seeking leave to appeal this decision to the Privy Council was also refused.
But amotion to scrap four options drawn up by Powys council, which included proposals to close up to seven schools, was defeated at the meeting.
But it is also available to either of the opposition parties to use their own parliamentary time to debate the motion - as the Liberal Democrats recently did with amotion supporting the Gurkhas' right to reside in the UK.