Burr - Law Dictionary Search Results

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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...

Boni judicio est ampliare jurisdictionem

Boni judicio est ampliare jurisdictionem. (It is the part of a good judge to enlarge his jurisdiction.)-Chanc. Prec. 329. This maxim is said (see Broom's Max.) to be erroneous, and Lord Mansfield, in R. v. Philips, (1757) 1 Burr. 304, observes that the true text is 'justitiam,' and not 'jurisdictionem.'...

Directory Statute

Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...

Discretion

Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...

Money had and received

Money had and received. When a person receives money which in justice and equity belongs to another, as a rule a debt is created and the money can be recovered by an action for 'money had and received to the use of the plaintiff', See Moses v. Macferlan, (1760) 2 Burr 1005; Marriott v. Hampton, (1797) 7 TR 269; 2 Sm. L.C. (11th Edn.) 421. But the action cannot now be extended beyond the principles illustrated in the decided cases, see Sinclair v. Brougham, 1914 AC 453, per Lord Sumner, where the true nature of the action is discussed. The cause of action arises when the money is received and not earlier, see Bowling v. Cox, 1926 AC 751 (754)....

Official receivers

Official receivers, officers appointed by the Board of Trade under s. 66 of the (English) Bankruptcy Act, 1883, to act as interim receivers and managers of bankrupts' estates, pending the appointment of trustees in bankruptcy: see now Bankruptcy Act, 1914, ss. 70 et seq. The report of an official receiver is absolutely privileged, Bottomley v. Brougham, (1908) 1 KB 584; Burr v. Smith, (1909) 2 KB 306. As to the official receiver becoming provisional liquidator on the making of a winding-uporder, see Companies Act, 1929, s. 185, and LIQUIDATOR...

Second distress

Second distress. A landlord has a power at common law to make a second distress for the same rent (Woodfall on Landlord and Tenant), but a second distress for the same rent is not to be made if there was enough which might have been taken on a first distress, Hutchins v. Chambers, (1758) 1 Burr 579....

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