District Council - Law Dictionary Search Results
Home Dictionary Name: district council Page: 3Small dwellings
Small dwellings. The Small Dwellings Acquisition Act, 1899 to 1923, as amended by the Housing Act, 1936, enables county councils, county borough councils, and, under certain restrictions, district councils, to advance money after the 31st October, 1935, to residents in houses, which do not exceed 800l. in value, so as to enable them to become the owners; and see HOUSING....
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...
Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
Precept
Precept, a rule authoritatively given; a mandate: (1) A command in writing by a justice of the peace or other officer, for bringing a person or record before him; the direction of the sheriff to the proper officer to proceed to the election of members of Parliament; a command to a sheriff to empannel a jury; also a provocation whereby one incites another to commit a felony.(2) Under the Rating and Valuation Act, 1925, as amended by the Local Government Act, 1929, the mandate, styled 'precept to be sent' by the precept-ing authority to the rating authority to levy the general rate to a specified amount; and see Local Government Act, 1933, s. 193, for power of a parish council to issue precepts to its rural district council to meet certain expenses....
Heemraad
In Holland and until the 19th century also in Cape Colony a council to assist a local magistrate in the government of rural districts hence also a member of such a council...
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Local land charges
Local land charges. Charges on land acquired at anytime by any local authority, including county, borough or rural district councils under the Public Health Metropolis Management or Private Street Works Act, or under any similar statute (public, general or local or private) passed at any time, must be registered in the local land-charge registry (see (English) Local Land Charges Rules,1927, S.R. & O., 1927, 869/L, 33), as provided by the Land Charges Act, 1925, s. 15, as amended by (English) Law of Property (Amendment) Act, 1926, or they will be void as against a purchaser for money or money's worth of a legal estate in the land affected. The following are included: town planning schemes and resolutions, and restrictions created after 1925 on user of land or buildings, imposed or enforceable by a local authority with some exceptions [see s. 15 (7) (b), ibid.], and this applies to local land charges affecting both registered and unregistered land. As to searches and official certificate...
Riparian proprietors
Riparian proprietors, owners of lands bounded by a river or water-course. As to their duties, see Clayton v. Sale Urban District Council, (1926) 1 KB 415; WATER...
New building
New building. Under the (English) Road Improvement Act, 1925 (15 & 16 Geo. 5, c. 68), s. 11, new building 'includes any addition to an existing building.'The question whether any building is a 'new building' is in general one of fact, see Ballard v. Horton's Estate Ltd., (1926) 24 LGR 449. So also in the case of temporary buildings (q.v.), Rodwell v. Wade, (1924) 23 LGR 174; and Keeling v. Wirral Rural District Council, (1925) 23 LGR 201.S. 23 of the (English) Public Health Act (Amendment) Act, 1907 (7 Edw. 7, c. 53), contained elaborate definitions of a 'new building,' but this section has been repealed as from the 1st October, 1937, by the Public Health Act, 1936, and of which the provisions relating to building and building bye-laws will be found in Part II. of the Act. 'New building' is not defined, but s. 62 provides for the application of bye-laws for the construction, materials, space for, lighting, ventilation, and dimensions of rooms for human habitation, also height of existi...
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