County Councils - Law Dictionary Search Results
Home Dictionary Name: county councils Page: 4Highways
Highways, all portions of land, and passage which every subject of the kingdom has a right to use. See Pratt on Highways; also defined by the Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 5, 'All roads, bridges (not being county bridges), carriage ways, cartways, horseways, bridleways, footways, cause-ways churchways and pavements. They exist either by prescription, by authority of Acts of Parliament, or by dedication to the use of the public; and see the Rights of Way Act, 1932 (22 & 23 Geo. 5, c. 45). The right of the public, when once acquired, is permanent and inalienable except by the authority of Parliament-'once a highway, always a highway.' It cannot be lost by abandonment or non-user, and the public retain the right, though they may never have occasion to use it. But the right is only a right of passing and repassing, pausing only for such time as is reasonable and usual when persons are using a highway as such. A man has no right to stand on the highway in order to shoot pheas...
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 This Act was repealed by the Education Act, 1921, but the responsibilities of the local education authorities in this respect were confirmed (s. 43).School Board, a body corporate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...
Weights and measures
Weights and measures, instruments for reducing the quantity and price of merchandise to a certainty, that there may be the less room for deceit and imposition. See AVOIRDUPOIS; TROY WEIGHT; and METRIC SYSTEM.The adjustment of weights and measures is a prerogative of the Crown, and has from an early date been regulated by statute-the Weights and Measures Act, 1878. The 25th and 26th sections enact that:25. Use or Possession for Use.-Every person who uses or has in his possession for use for trade any weight, measure, scale, balance, steelyard, or weighing machine which is false or unjust, shall be liable to a fine not exceeding 5l., or in the case of a second offence 20l. [as amended by the W. and M. Act, 1889], and any contract, bargain, sale, or dealing made by the same shall be void, and the weight, measure, scale, balance, or steelyard shall be liable to be forfeited.26. Fraud in Use.-Where any fraud is wilfully committed in the using of any weight, measure, scale, balance, steelyar...
Custos rotulorum
Custos rotulorum (the keeper of the rolls or records of the county). A principal justice of the peace within the county, by whom the clerk of the peace is appointed, Harding v. Pollock, (1829) 6 Bing. 25; 37 Hen. 8, c. 1. By s. 5 of the (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), the clerk of the peace, subject to the powers of the custos rotulorum, or the county council, as the case may require, shall have charge of and be responsible for the records and documents of a county in England....
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
Peace, Clerk of the
Peace, Clerk of the, an officer who acts as clerk at the Court of Quarter Sessions, and records all their proceedings. He may have county property conveyed to him under the County Property Act, 1858, and is clerk of the County Council by virtue of s. 83 of the (English) Local Government Act, 1888. See also (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5. c. 45). He may be removed for misbehaviour in his office under 1 M. & W. c. 21, by the justices in Quarter Sessions, as amended by the Clerks of the (English) Peace Removal Act, 1864 (see now (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), and the earlier Act also provides the form of oath not to pay for his appointment....
Returning Officer
Returning Officer, the official who conducts an election. The Representation of the People Act, 1918, s. 28, provides that in parliamentary elections the sheriff shall be the returning officer in counties, and in parliamentary boroughs which have a sheriff and in other boroughs the mayor, or in some cases the chairman of the council. As to returning officers at university elections, see Sch. V., Part I., s. 1. As to county council, municipal, parish council, rural district, and urban district elections, see the same Act as amended by the (English) R.P. Act, 1922, and (English) Local Government Act, 1933.The same Acts provide that the duties of the return-ing officer are to be discharged by the registration officer (see REGISTRATION OF ELECTORS). In parliamentary elections the returning officer, if registered, is to have the casting vote but no other vote, by the Parliamentary Elections (Returning Officers Act, 1875 (38 & 39 Vict. c. 84)...
War Office
War Office, the address and offices of the Secretary of State for War and Army Council.A child under guardianship. A ward of Court is an infant under the protection of the High Court. An infant is constituted a ward of Court by an action relating to his estate; by an order made on an application for the appointment of a guardian; or by a payment into Court under the Trustee Act, 1925, s. 63; or inan administration action, to which he is party, see Brown v. Collins, (1884) 25 Ch D 56. The control of the Court ceases when the infant comes of age, Bolton v. Bolton, (1891) 3 Ch 270; see Seton on Judgments; Dan. Ch. Pr.; Simpson on Infants. See INFANT.Also, an electoral subdivision of a borough for the purposes of the local government elections [(English) Local Government Act, 1933, ss. 24 to 30]. In boroughs divided by wards, an alderman or, in some cases, a councillor, not the mayor, is returning officer (s. 28). As to district councils, see ss. 36 and 37. Parishes may be divided into war...
Infectious diseases
Infectious diseases. It is an indictable offence to expose in a public frequented highway a person suffering from an infectious disorder, R. v. Vantandillo, (1815) 4 M. & S. 73. The (English) Public Health Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 49), ss. 143 to 180, repealing (from October, 1937) ss. 120-143 of the (English) Public Health Act, 1875, contains various provisions calculated to prevent the spread of dangerous infectious diseases.Notification.--The (English) Public health Act, 1936, also repeals (from October, 1937) the (English) Infectious Diseases Notification Act, 1889 (52 & 53 Vict. c. 72), and enjoins the notification to the Medical Officer of Health of the district of certain specific diseases therein named, and also of other diseases added to the list by the local authority, s. 343 enacting that 'notifiable disease.'--Means any of the following diseases, namely, small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fe...
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