C J - Law Dictionary Search Results
Home Dictionary Name: c j Page: 2Press
Press. By the (English) Local Authorities (Admission of the Press to Meetings) Act, 1908 (8 Edw. 7, c. 43), passed inconsequence of the decision in Tenby Corporation v. Mason, (1908) 1 Ch 457, the ex-pression 'representatives of the Press' means duly accredited representatives of newspapers and duly accredited representatives of news agencies which systematically carry on the business of selling and supplying reports and information to newspapers. Though the Act gives a general right of admission, there is power by resolution temporarily to exclude the Press. See LOCAL AUTHORITY.There is no longer any censorship of the Press in this country, and any man may write and publish whatever he pleases concerning another, subject only to this--that he must take the consequences, if a jury should deem his words defamatory (Odgers on Libel, p. 10). 'The liberty of the Press consists in printing without any previous licence, subject to the consequences of law', R. v. Dean of St. Asaph, (1784) 3 T...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
Obsolete
Obsolete, invalid by virtue of discontinuance, said of a law or practice which has ceased to be enforced or be in use by reason of change of manners and circumstances, as 'wager or battel' (see BATTEL, WAGER OF), the punishment of the stocks (see STOCKS), the provision of the Gaming Act of Henry VIII. (33 Hen. 8, c. 9) (Revised Statutes, 2nd Edn., vol. i. p. 378, published in 1888; Chitty's Statutes, tit. 'Games and Gaming'), by which labourers and others are forbidden to play cards or other specified games 'out of Christmas,' but allowed to play them in Christmas in their masters' houses and in their masters' presence; and that of 1285 in the Stat. Westm. Sec., 13 Edw. 1, c. 34, by which elopement with a nun from her convent, although the nun consent, is punishable by three years' imprisonment and fine. For further instances, see the (English) Statute Law Revision Act, 1908 (8 Edw. 7, c. 49); and see also STATUTE LAW REVISION. But however absurd and, in common language, obsolete an En...
Lodger
Lodger, a tenant, with the right of exclusive possession, of a part of a house called lodgings, the landlord, by himself or an agent, retaining general dominion over the house itself.Lodgings may be let in the same manner as lands and tenements; in general, however, they are let either by agreement in writing or verbally. An executory verbal agreement may be void by the (English) Law of Property Act, 1925, s. 40; and see Edgev Strafford, (1831) 1 C. & J. 391, as being a contract in relation to land, and a written agreement is often desirable to avoid dispute.Lodgers in rooms which have been let as a separate dwelling to them, unfurnished, may be tenants of a dwelling-house for the purpose of the (English) Rent Restrictions Acts, 1920, 1935, and if that dwelling or the house of which the rooms form parties not decontrolled, their tenancy is within those Acts (see INCREASEOF RENT). As to rent-books generally, in small houses, see (English) Housing Act, 1936, s. 4, and Part IV of that Act...
Niskar Bhogdakhal Sutra
Niskar Bhogdakhal Sutra, means that the tenant is not actually paying rent to anybody. It does not mean that the tenant had acquitted rent-free title by possession and enjoyment, Kamla Ranjan Roy v. Ifram Sheik, 1948 Cal 14 relied on; Chakravarti, C.J. and Lahiri, J. in Moslema Khatun v. Fanindra Lal Sen, 93 CLJ 128: 1954 Cal 558....
Bar, trial at
Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title...
Domus sua cuique est tutissimum refugium
Domus sua cuique est tutissimum refugium, (To every one his own house is the safest refuge.) See Broom's Leg. Max.; Semayne's case, (1605) 5 Rep. 91; 1 Sm. L.C., 1, in which the extent of a sheriff's power to break doors was discussed, and five points resolved, the first being that every man's house 'is to him as his castle,' so that he is justified in killing another who breaks into his house to rob or murder him; and a sheriff to execute process may not break an outer door [see per Lord Ellenborough, C.J., in Burdett v. Abbott, (1811) 14 East 157]; neither may a bailiff to distrain for rent, though he may enter through an open window [Crabtree v. Robinson, (1885) 15 QBD 312] or over a wall (Long v. Clarke, 1894 QB 19)....
Persona designata
Persona designata, a persona designata, is 'a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.' (See Osborn's Concise Law Dictionary, 4th Edn., p. 253). In the words of Schwabe, C.J. In Parthasarathi Naidu v. Koteswara Rao, ILR 47 Mad 369: (AIR 1924 Mad 561) (FB), personae designate are 'persons selected to act in their private capacity and not in their capacity as Judges', Central Talkies v. Dwarka Prasad, AIR 1961 SC 606 (609): (1961) 3 SCR 495; see also Mukri Gopalan v. Cheppilat, (1995) 5 SCC 5: AIR 1995 SC 2272.Persona designata, connotes person pointed out by name or other personal description in contradis-tinction to one whose identity is to be ascertained by the office which he holds. So then, where a person is indicated in statute not by name but by an official designation a question will arise whether the intention was to single him out as a persona designata, Ram Chandra ...
Possibility on a possibility
Possibility on a possibility. Lord Coke lays it down as a rule that the event on which a remainder is to depend must be a common possibility, and not a double possibility, or a possibility on a possibility, which the law will not allow. Thus he tells us that the chance that a man and a woman, both married to different persons, shall themselves marry one another is but a common possibility. But the chance that a married man shall have a son named Geoffrey is stated to be a double or remote possibility; see Williams on Real Property; 2 Rep. 51 a; 10 Rep. 50 b; Co. Litt. 184 a. The idea that there cannot be a possibility and a possibility seems to have been a conceit invented by Popham, C.J., but it was never really intelligible, Whitby v. Mitchell, (1890) 44 Ch D p. 92, per Lindley, LJ, and never applied to trusts of personal estate [Re Bowles, (1902) 2 Ch 650]. It gave rise, however, to the rule, now well settled in regard to limitations and trusts of realty created by instruments comin...
Subp'na
Subp'na [from sub, Lat., under, and p'na, penalty], a writ commanding attendance in court under a penalty. It bears a close analogy to the citation, or vocatio in jus of the Civil and Canon Laws. There are several kinds of subp'na.At Common Law there are two to compel the attendance of witnesses:-(1) Subp'na ad testificandum, the common subp'na, which is personally served upon a witness, in order to compel him to attend the trial or inquiry, to give evidence.(2) Subp'na duces tecum; this is personally served upona person, who has in his possession any written instrument, etc., the production of which in evidence is desired. Such a person need not be sworn, and in that case he cannot be cross-examined. Se DUCES TECUM.These subp'nas are also used in criminal proceedings; four witnesses can be included in one subp'na, whether in civil or criminal cases.For rules as to service, etc., of subp'na see (English) R.S.C. 1883, Ord. XXXVII., rr. 26-34, and for the different forms of subp'na, see ...
- << Prev.
- Next >>