Westminster the First, Statute of (3 Edw. 1, AD 1275). This statute, which deserves the name of a Code rather than an Act, is divided into fifty-one chapters. Without extending the exemption of churchmen from civil jurisdiction, it protects the property of the Church from the violence and spoliation of the king and the nobles, and provides for freedom of popular elections, because sheriffs, coroners, and conservators of the peace were still chosen by the freeholders in the county Court, and attempts had been made to influence the election of knights of the shire, from the time when they were instituted. It contains a declaration to enforce the enactment of Magna Charta against excessive fines, which might operate as perpetual imprisonment; enumerates and corrects the abuses of tenures, particularly as to marriage of wards; regulates the levying of tolls, which were imposed arbitrarily by the barons, and by cities and boroughs; corrects and retrains the power of the king's escheator and...
Attachment, in relation to building, includes lamps, brackets, pipes, electric lines and apparatus required for street lighting purposes, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 400, Note 3, p. 291.Attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III. [Prevention of Money-Laundering Act, (15 of 2003), s. 2(d)]A process from a Court of Record, awarded by the judges at their discretion on a bare suggestion, or on their own knowledge, against a person guilty of a contempt, who is punishable in a summary manner. Contempts may be thus classed. (1) Disobedience to the King's writs; (2) Contempt in the face of a Court; (3) Contemptuous words or writings concerning a Court; (4) Refusing to comply with the rules and awards of a Court; (5) Abuse of the process of a Court, and (6) Forgery of writs, or any other deceit tending to impose on a Court, Leach's Hawk. P. Cr., c. 22, s. 33. The issue of writs of attachm...
Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...
Banker, one who receives money to be drawn out again as the owner has occasion for it, the customer being lender, and the banker borrower, with the superadded obligation of honouring the customer's cheques up to the amount of the money received and still in the banker's hands.A customer's money may become irrecoverable if six years have elapsed without payment by the banker of principal or interest after demand. The relation of banker and customer is merely that of debtor and creditor, with a superadded obligation on the banker to honour the customer's cheques, so that the Limitations Act, 1623, (21 Jac. 1, c. 16), runs against the customer. See UNCLAIMED PROPERTY.A cheque is not an assignment to the payee of the customer's balance, so that if a customer having a balance of 99l. give a cheque for 100l., the banker is legally justified in dishonouring it by refusing payment altogether, Schroeder v. Central Bank of London, (1876) 34 LT 735. If a customer overdraws his account, this amoun...
Bracton, the author of the Latin treatise entitled De Legibus et Consuetudinibus Angli'. He lived at the latter end of the reign of Henry the Third. Bracton's book, compared with that of Glanville, is a voluminous work. It is divided into five books, and these into tracts and chapters. See 2 Reeves' Hist. c. viii. 86, note (a), for an analysis of the several divisions of the chapters and a complete digest of the contents of this venerable code. The rules of property are explained; the proceedings in actions, through the minutest steps, are investigated and developed; while every proposition is supported by fair deduction, or corroborated by the authority of some adjudged case, so that the reader never fails in deriving instruction or amusement from the study of this scientific treatise on our ancient laws and customs. Bracton was deservedly looked up to as the first source of legal knowledge, even down to the time of Sir Edward Coke, who seems to have made this author his guide in all ...
Dangerous person, 'dangerous person' means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860), or any of the offences punishable under Chapter V of the Arms Act, 1959 (54 of 1959); Rashidmiya alias Chhava Ahmedmiya v. Police Commissioner (1989) 3 SCC 321:AIR 1989 SC 1703 (1706).Means a person who habitually commits or attempts to commit or abets commission of offences, either by himself or as a member of or leader of a gang, Ayub v. S.N. Sinha, AIR 1990 SC 2069 (2071). [Gujarat Prevention of Anti-Social Activities Act (16 of 1985), s. 2(c)]...
Development, means the carring out of building, engineering,mining or other operations in, on over or under land or the making of any material change on any building or land, or planting of any tree on land and includes development. [Delhi Metro Railway (Operation and Maintenance) Act, 2002 (60 of 2002), s. 2(c)]Development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment. [Delhi Development Act, 1957, s. 2(d)]The word 'development' in, s. 10(20A) of the IT Act, should be understood in its wide sense. There is no warrant to exclude all development programmes relating to any industry from the purview of the word 'development' in the said sub-section. There is no indication in the Act that development envisaged therein should confine to non-industrial activities. Development of a place can be accelerated through vari...
Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education had been dealt with either as a series of individual problems in respect of which provisions were made for the education of special classes of persons, or by executive, as opposed to legislative methods, as, for example, by a system of grants in aid. This Act was followed by a series of Acts, known collectively as the Education Acts, 1870 to 1919, which together established a system of free and compulsory elementary education of a non-denominational character. The initial Act established 'school boards' with powers of building and maintaining elementary schools and of regulating the attendance of school children between the ages of 5 and 13. The El. Ed. Act, 1876, declared 'the duty of the parent of every child to cause such child to receive efficient elementary educatio...
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Mineral rights duty. The (English) Finance (1909-10)Act, 1910 (10 Edw. 7, c. 8), ss. 20 and 21 imposes a duty of 1s. in the ' on the rental value of minerals (see that title). This tax falls upon the proprietor or lessor and is for practical purposes an additional 'landlord's property tax' imposed upon minerals. These ss. have been amended by 2 & 3 Geo. 5, c. 8, s. 11; 5 & 6 Geo. 5, c. 89, s. 43; 10 & 11 Geo. 5, c. 18, s. 64, and Sched. IV....