Amends Tender Of - Law Dictionary Search Results
Home Dictionary Name: amends tender of Page 1 of about 16 results (0.004 seconds)Amends, tender of
Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been done by some public authority or person acting in pursuance of an (English) Act of Parliament, as the Highway Act, 1835 (see s. 105), or the (English) Larceny Act, 1861 (see s. 113), in apprehending, for instance, a person found committing an offence against that Act. These are repealed by the (English) Public Authorities Protection Act, 1893, which provides, amongst other things, for the pleading of tender of amends, and for taxation of the defendant's costs between solicitor and client in event of the plaintiff not recovering more than the sum tendered, etc. As to tender upon distress (q.v.), whether before or after impounding but before sale, see Johnson v. Upham, (1859) 2 E&E 250. For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s...
Tender of amends
Tender of amends. See AMENDS....
Forcible detainer
Forcible detainer, refusing to restore another's goods, after sufficient amends tendered, the original taking having been lawful; for which injury the remedy usually resorted to was trover (q.v.). But if the original taking were unlawful it is a criminal offence against the public peace, and a misdemeanour, punishable by imprisonment and ransom at the pleasure of the Crown, 4 Bl. Com. 148.The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence, Black's Law Dictionary, 7th Edn....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Detainer
Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Bank-notes, or Bank-bills
Bank-notes, or Bank-bills, written or printed promises for money, to be paid by a banking company. They are uniformly made payable on demand. They are not like bills of exchange, mere securities or documents for debt, nor are they so esteemed, but are treated as money in the ordinary course and transactions of business by the general consent of mankind, and, on payment of them, whenever a receipt is required, it is always given as for money, not as for securities or notes. Per Lord Mansfield, Miller v. Race, (1758) 1 Burr at p. 457. Bank of England notes were made a legal tender by the 5th section of the Bank of England Act, 1833 (3 & 4 Wm. 4, c. 98), as amended, everywhere except at the Bank and its branches.One-pound notes and ten-shilling notes are now issued by the Bank of England, under the authority of the (English) Currency and Bank Notes (Amendment) Act, 1928, and made a legal tender for a payment of any amount. The notes first issued were found to be easy to forge, and they we...
Coin
Coin [fr. coign, Fr.; cuneus, Lat., a wedge], a piece of metal stamped with certain marks and made current at a certain value. The coining of money is in all states the prerogative of the sovereign power; and, as money is the medium of commerce, it is the Crown's prerogative and monopoly, as arbiter of domestic commerce, to give it authority or make it current.By the (English) Coinage Offences Act, 1861 (24 & 25 Vict. c. 99), it was made a felony to counter-feit coin; to colour or gild, so as to make a resemblance to gold or silver coin; to impair or lighten coin; to have in unlawful possession filings or clippings produced by impairing or lightening coin; to buy or sell or import or utter counterfeit coin. There were numerous other provisions tending to the suppression of the manufacturing, import in and uttering of counterfeit coin. See the (English) Counterfeit Currency (Convention) Act, 1935 (25 & 26 Geo. 5, c. 25), an Act to enable effect to be given to an International Convention...
Paper Money
Paper Money, bank notes, bills of exchange, and promissory notes. On the outbreak of the war with Germany in August, 1914, the government issued currency notes for 1l. and 10s. respectively to a considerable amount. The first issued were soon called in, others of better design and less easy to imitate being substituted. Currency notes were commonly called 'Treasury notes,' and were legal tender for the payment of any amount. See (English) Currency and Bank Notes Act, 1914 (4 & 5 Geo. 5, c. 14), and (the Amendment Act), c. 72. These (English) Acts have been repealed (except penal and formal provisions) by the (English) Currency and Bank Notes Act, 1928 (18 & 19 Geo. 5, c. 13), which authorizes the Bank of England to issue Bank notes for 1l. and 10s., payable only at the head office in London but to be legal tender in Scotland and Northern Ireland for any amount, as the 1914 currency notes are to be deemed bank notes....
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
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