By The Act - Law Dictionary Search Results
Home Dictionary Name: by the act Page: 3Building Acts (English)
Building Acts (English). The Acts commonly so called apply only to the metropolis, and have been called the Metropolitan Building Acts. The Metropolitan Building Acts, 1855 and 1862 (which were public general Acts), and their amending enactments wee repealed and re-enacted with many amendments by the local and personal London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), and its amending Acts of 1898 and 1905. These in their turn are repealed by the London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.). see LONDON BUILDING ACT.The old Building Act, par excellence, the (English) Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), although otherwise partial and repealed, has two ss., 83 and 86, which are still in force and (it is submitted) of universal application. See as to s. 86, Ex parte Goreley, (1864) 4 De G. J. & S. 477, but compare Westminster Fire Office v. Glasgow Provident Society, (1888) 13 App Cas 167, per Lord Watson. s. 33 provides for the application of insuranc...
Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
Judgments Extension Act, 1868
Judgments Extension Act, 1868 (English). By this Act (31 & 32 Vict. c. 54) (preserved by the Judicature Act, 1925, s. 224) the judgments of the superior Courts of either England, Scotland, or Northern Ireland may be enforced as judgments in either of the other two countries upon registration (in a prescribed manner) of certificate thereof in the country in which such judgments are sought to been forced. By the Inferior Courts Judgment Extension Act, 1882 (45 & 46 Vict. c. 31), the principle of this Act was, with the limitation of personal service, extended to inferior courts. See INFERIOR COURTS; IRISH JUDGMENTS.Part II. of the (English) Administration of Justice Act, 1920, makes provision of the reciprocal enforce-ment of judgments of superior courts between the United Kingdom and other parts of the Empire. The Act is limited to such parts of His Majesty's Dominions as have been included within its scope by Orders in Council; and by the (English) Foreign Judgments (Reciprocal Enforcem...
Local and Personal Acts
Local and Personal Acts. (English) See ACTS OF PARLIAMENT. Provisions in local and personal Acts givings double and treble costs, and allowing the genera lissue to be pleaded, and special matter to be given in evidence, are repealed by 5 & 6 Vict. c. 97, ss. 1, 3. The same Act provides for uniformity of notice of action in such actions-one month in all cases-and equalizes the periods of limitation under such Acts. See LIMITATION, STATUTES OF. By the Interpretation Act, 1889, s. 9, re-enacting 13 & 14 Vict. c. 21, every statute made after 1850 is to be taken to be a public one, and judicially noticed as such, unless the contrary be expressly declared. Interpretation Act, 1888, s. 9.Some Public and General Acts contain provisions for the alteration by Regulations, Statutory or Provisional Order, or otherwise, of local Acts in conformity with the general enactment, e.g., (English) Land Drainage, 1930 (20 & 21 Geo.5, c. 44); see s. 41; London Traffic Act, 1924; (English) Rating and Valuati...
Tenants' Compensation Act, 1890
Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...
Transfer of Land Acts (English)
Transfer of Land Acts (English). The Land Registry Act, 1862 (25 & 26 Vict. c. 53), and the Land Transfer Act, 1875 (38 & 39 Vict. c. 87), were passed to facilitate the transfer of land in England. The Acts were practically a dead letter: see Report of Select Committee of House of Commons on Land Titles and Transfers, 1879. Compulsory registration on Order of Council not dissented from by the local county council was introduced by the Land Transfer Act, 1897 (60 & 61 Vict. c. 65). The first Order in Council (18th July, 1898) applied compulsory registration to the Administrative County of London as from specified dates; this Act has been superseded by the Land Registration Act, 1925 (see REGISTRATION OF TITLE), and as to the previous Acts, Fortescue-Brickdale and Sheldon's Land Transfer Acts. The L.T. Act, 1897, Part I., established a 'Real Representative,' see that title....
Lighting and Watching Act, 1833
Lighting and Watching Act, 1833 (English) (3 & 4 Wm. 4, c. 90), superseding 2 Go. 4, c. 27. An Act which may be adopted in any parish by the votes of a majority of two-thirds of the ratepayers, and which, if adopted, regulates the lighting of the parish 'by gas, oil, or otherwise' (s. 45), and the appointment (s. 39), employment, and dismissal of watchmen or constables therein. The Act may be abandoned in three years after adoption (s. 15).The Act was repealed as to the metropolis by the (English) Sanitary Act, 1866 (29 & 30 Vict. c. 90), s. 35, and is superseded by the (English) Public Health Act in districts where that Act is in fore [see (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 163].In a rural parish the parish meeting has exclusive power of adoption by virtue of s. 7 (1) (a) of the Local Government Acts, 1894 and 1933 (23 & 24 Geo. 5, c. 51), ss. 307 and 308, Sched. II. By the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 3 (1), the rate is to be lev...
Superannuation Acts, 1834-1935
Superannuation Acts, 1834-1935, (English) for pen-sioning the civil servants of the Crown or public authorities.The (English) principal Act is the Superannuation Act, 1859 (4 & 5 Will. 4, c. 42), which as amended by the Superannuation Acts, 1909 (9 Edw. 7, c. 10), and 1935 (25 & 26Geo. 5, c. 44), fixes the scale of pension at 10/60ths and 10/80ths for entrants after 30th September, 1909, of the average annual salary of the three years before retirement, and see (in the specified cases) s. 4 of the 1935 Act, on retirement after ten years' service, and gives an additional 1/60th or 1/80th for every additional year of service up to the fortieth year.As to local authorities, see (English) Local Govern-ment and other Officers Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), an adoptive Act; schools (elementary), School Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation Acts), 1918-1935. See Chitty's Statutes, tit. ...
Expiring laws continuance Acts
Expiring laws continuance Acts. Acts so called and continuing, generally until the end of the year following that in which they are passed, temporary Acts which would otherwise expire have for many years been passed at the end of each session of Parliament. The practice of passing temporary acts and continuing them by annual continuance Acts is a very old one, which has frequently caused complaint in the House of Commons (see Solicitors' Journal, April 18th, 1903). The (English) Ballot Act, 1872 (35 & 36 Vict. c. 33), was, for example, kept in force by annual inclusion in successive Expiring Laws Continuance Acts until 1908, when it was made permanent. The (English) Expiring Laws Act, 1922, made nineteen Acts permanent, thus effecting a simplification long overdue, and the (English) Expiring Laws Acts of 1925 and 1932 made permanent several other statutes....
Campbell's (Lord) Acts (English)
Campbell's (Lord) Acts (English)-(1) for amending the practice in prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on such act, neglect, or default would have lain at the suit of the deceased had he not succumbed to his injuries. The damages recoverable are strictly on the basis of compensation [e.g., funeral expenses not recoverable, Clark v. London General Omnibus Co., 1906 (2) KB 648]. The action, which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The acti...
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