Bailey - Law Dictionary Search Results

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Old Bailey

Old Bailey. The popular name for the Central Criminal Court....

Old Bailey Sessions

Old Bailey Sessions. These were superseded by the Central Criminal Court....

Bailment [fr. bailler, Fr., to deliver], a compendious expression to signify a contract resulting from delivery; perhaps best defined as a 'delivery of a thing in trust for some special object or person, and upon a contract express or implied, to conform to the object or purpose of the trust.'In the celebrated case of Coggs v. Bernard, (1704) Ld Raym 909; 1 Sm L C, Lord Holt divided bailments thus:-(1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor.A restaurant keeper has been held liable for loss of an overcoat entrusted by a customer to a waiter, Ultzen v. Nicols, (1894) 1 QB 92; Orchard v. Bush & Co., (1898) 2 QB 284.(2) Commodatum. Where goods or chattels that are useful are lent to the bailee gratis, to be used by him. See Coughlin v. Gillison, (1899) 1 QB 145.(3) Locatio rei. Where goods are lent to the bailee to be used by him for hire.(4) Vadium. Pawn or pledge.(5) Locatio operis faciendi. Where goods are delivered to be carried, or something is t...

Bread

Bread. The Acts (see Chitty's Statutes, tit. 'Bread') relating to the sale of bread are the London Bread Act, 1822 (3 Geo. 4, c. cvi.) (metropolis), now repealed; and the Bread Act, 1836 (6 & 7 Wm. 4, c. 37), which, by s. 4 (as to which see Cox v. Blaines, (1902) 1 KB 670, explained in Mattinson v. Binley, (1908) 2 KB 534), prescribes that bread, 'except French, or fancy bread (as to which see Bailey v. Barsby, (1909) 2 KB 610) or rolls,' must be sold by weightm etc.; but the Weights and Measures Act, 1889 (52 & 53 Vict. c. 21), s. 32, makes a request by the purchaser an essence of the offence of refusal to weigh in the case of bread carried out in a cart, See Evans v. Jones, (1909) 99 LT 799; Lyons & Co. v. Houghton, (1915) 1 KB 489.S. 8 of the Act of 1836 enacts that the names, addresses and offences of bakers and others convicted of adulterating bread may be directed by the convicting justices to be published in some newspaper. S. 14 prohibits Sunday baking, and the consents for pro...

Commitment

Commitment, (1) the sending a person to prison by warrantor order, either for a crime, contempt, or contumacy [see the (English) Debtors Act, 1869, for the abolition of imprisonment for debt, 32 & 33 Vict. c. 62, s. 5]. In the county Court, judgment debts which the debtor has the means [Re A Debtor, (1905) 1 KB 374] to, but will not pay, can be enforced by commitment for a term not exceeding six weeks. This procedure can be applied to an award under the Workmen's Compensation Act, 1906 (Bailey v. Plant, 1901 (1) KB 31); see ATTACH-MENT, and R.S.C. Ord. XLIV.; and (2) the sending to prison, pending his trial at Assizes or Quarte, Sessions, by justices of the peace, under the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), of a person charged with an indictable offence, in a case where the evidence is sufficient....

Encheason

Encheason [old law, Fr.], cause; occasion, Cowel; Bailey....

Fishery

Fishery, the right to take fish. Fisheries are either free, common, or several. A free fishery is the exclusive right of fishing in a public river, and is a royal franchise, Common of fishery, or common of piscary, is the right of fishing in another man's water. A several fishery is the exclusive right of fishing in another man's water, and he that has it, according to Blackstone, 'must also be the owner of the soil' (2 Bl. Com. 40). This position of Blackstone, however, has been questioned, and the distinction between the various kinds of fishery is not clear; see Hrg. Co. Litt. 122 a, n. 7; Holford v. Bailey, (1846) 8 QB 1000; 13 ib. 426; Marshall v. Ulleswater Steam navigation Co., (1863) 3 B&S 732; Chesterfield (Earl) v. Harris, (1908) 2 Ch 397; 1911 AC 623; Coulson and Forbes on the Law of Waters; Leake on Uses and Profits of Land. No right can exist in the public to fish in an inland non-tidal lake, O'Neil v. Johnston, (1909) 1 Ir R 237.The fishing rights of the lord of the manor...

Goods

Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...

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