Children - Law Dictionary Search Results
Home Dictionary Name: children Page: 3Child in need of care and protection
Child in need of care and protection, s. 2(d) 'child in need of care and protection' means a child-(i) who is found without any home or settled place or abode and without any ostensible means of subsistence, (ii) who resides with a person (whether a guardian of the child or not) and such person-(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or (b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person, (iii) who is mentally or physically challenged orill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, (iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child, (v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is m...
Industrial Schools
Industrial Schools. References to these words are to be replaced by the words 'Approved Schools' by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 108.S. 44 of the (English) Children Act, 1908 (8 Edw. 7, c. 67), defined an 'industrial school' as 'a school for the industrial training of children in which children are lodged, clothed and fed as well as taught.' However, as to the present law, see APPROVED SCHOOLS...
Jus liberorum
Jus liberorum, a privilege granted to such persons in ancient Rome as had three children, by which they were exempted from all troublesome offices.Means 'right of children'. A privilege conferred on a parent who has several children; esp., a right of inheritance given to a woman with three or more children. Also termed jus trium liberorum, Black's Law Dictionary, 7th Edn., p. 866....
Juvenile Courts
Juvenile Courts. These courts first received statutory recognition by the (English) Children Act, 1908 (8 Edw. 7, c. 67).These are now governed by ss. 45 to 49 of the Children and Young Persons Act, 1933 (23 Geo. 5, c. 12). The court must 'sit either in a different building or room from that in which sittings of courts other than juvenile courts are held' [s. 47(2)]. (Children and Young Persons Act, 1933 ss. 45-49)The general public also are not admitted to these courts, but bona fide representatives of the Press cannot be excluded [s. 47 (2)]. The Second Schedule of the Act governs the constitution of these courts and in the Metropolitan Police Court District, and they are now held in buildings other than police courts, and consist of a police magistrate and two J.P.'s, one of whom must be a woman. See also Juvenile Courts (Constitution) Rules, 1933 (S.R. & O., 1933, No. 647/L. 20), and CHILDREN....
School
School. See EDUCATION; PUBLIC SCHOOLS; RE-FORMATORY SCHOOLS; Chitty's Statutes, tit. 'Education.'An institution of learning and education, esp. for children, Black's Law Dictionary, 7th Edn., p. 1346.School Attendance Committee, a committee appointed annually (in 'school districts' not within the jurisdiction of a 'school board') for the purpose of enforcing the Elementary Education Act, 1876, by proceeding against parents who neglected to send their children to a public elementary school. The duties of this Committee were transferred to the local education authorities by the Education Act, 1902. This Act was repealed by the Education Act, 1921, but the responsibilities of the local education authorities in this respect were confirmed (s. 43).School Board, a body corporate of persons elected triennially, for the purpose of managing 'public elementary schools' within their respective districts [(English) Elementary Education Acts, 1870 and 1873]. School Boards were abolished by the (Eng...
Juvenile offenders
Juvenile offenders. The various methods of dealing with juvenile offenders are governed by ss. 50 to 60 of (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12). See s. 54 with regard to committal in custody in a remand home, and s. 57 with regard to sending to approved schools. With regard to the summary trial of children and young persons for certain indictable offences, see the Third Schedule of the Act and s. 11 of the (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49). Seealso CHILDREN; INDUSTRIAL SCHOOLS; REFORMATORY SCHOOLS....
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Reasonable parts
Reasonable parts. The two-thirds of a man's personal property, one of which went on his death to his widow, and the other to his children, the remaining third going in accordance with his will. This right of the widow and children was expressly saved to them by a still unrepealed clause of Magna Carta, but became lost to them by imperceptible degrees. The Wills Act, 1837, is inconsistent with, but does not expressly repeal, the saving of Magna Charta for the 'reasonable parts,' but the Wills Act does not apply to Scotland, where (see LEGITIM), as generally throughout Europe, except in England and Ireland, the rights of the widow and children are in full force....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
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