British Subject - Law Dictionary Search Results
Home Dictionary Name: british subjectBritish subject
British subject, no longer denotes a status common to citizens of members of the commonwealth, and instead, for purposes of United Kingdom law, denotes only a restricted and residual category of persons who are not British citizens, Halsbury's Laws of England, Vol. 6, 4th Edn., Para 812, p. 359....
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
British ship
British ship, As to the qualification for owning and the obligation to register British ships, see Merchant Shipping Act,1894, ss. 1-3. The owner must be a British subject, natural born or naturalized, or a denizen q.v., or a body corporate established and subject to the laws of some part of His Majesty's dominions and having their principal place of business in those dominions but not a natural born British subject who has taken the oath of allegiance to a foreign sovereign or State or become a citizen or subject of a foreign State or been naturalized or made a denizen, unless while he is owning a British ship he has taken the oath of allegiance to the King after his disqualification and is, during his ownership, either resident in the said dominions or is partner of a firm carrying on business there....
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Continental system
The system of commercial blockade aiming to exclude England from commerce with the Continent instituted by the Berlin decree which Napoleon I issued from Berlin Nov 21 1806 declaring the British Isles to be in a state of blockade and British subjects property and merchandise subject to capture and excluding British ships from all parts of Europe under French dominion The retaliatory measures of England were followed by the Milan decree issued by Napoleon from Milan Dec 17 1807 imposing further restrictions and declaring every ship going to or from a port of England or her colonies to be lawful prize...
Sea
Sea. See FOUR SEAS. The main or high seas are part of the realm of England, for thereon the Courts of Admiralty have jurisdiction, but they are not subject to the Common Law. The main sea begins at the low-watermark, but between the high-water mark and the low-water mark, where the sea ebbs and flows, the Common Law and Admiralty have, divisum imperium, an alternate jurisdiction, the one upon the water when it is full sea, the other upon the land when it is an ebb. See FORESHORE.The jurisdiction of the Admiralty within three miles of the low-water mark will be found elaborately discussed in Reg. v. Keyn, (1876) 2 Ex D 63. In that case it was held by a majority of seven judges to six that the Central Criminal Court had no jurisdiction to try for manslaughter the foreign captain of a foreign ship--the Franconia--which, in passing within three miles of the British shore, ran into a British ship and sank her; but this state of the law was soon afterwards altered by the (English) Territoria...
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