Enabling Statute - Law Dictionary Search Results
Home Dictionary Name: enabling statuteEnabling statute
Enabling statute. A statute giving powers of which the exercise may be obligatory or discretionary according to the enactment, as distinguished from peremptory or prohibitory Acts, e.g., 32 Hen. 8, c. 28, A.D. 1540....
enabling statute
enabling statute : a statute that confers (as to an administrative agency) the power or authority to engage in conduct not previously allowed ...
Statutory tenant
Statutory tenant, a person remaining in occupation of premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a statutory tenant. Statutory tenant being a person who enjoys the status of irremovability, would enjoy the protection of the statute until he is evicted from the premises under the enabling provisions of the statute. A statutory tenancy would, therefore, come to an end on either the surrender of premises by such a tenant or if a decree of eviction, Biswabani Pvt. Ltd. v. Santosh Kumar Dutta, AIR 1980 SC 226: (1980) 1 SCR 650: (1980) 1 SCC 185.Statutory tenant, a tenant continuing in possession of a rented land or building after its termination of tenancy is 'statutory tenant', AIR 1989 P&H 9(10). [Haryana Urban Control of Rent and Eviction) Act, 1973, s. 4(2)(b)]Statutory tenant, can be described more conveniently as a tenant whose contractual tenancy has been terminated, Ratanlal v. Raniram, 1986...
agency
agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...
Jews
Jews. Several Statutes were passed in the reign of Queen Victoria respecting the Jews. See 8 & 9 Vict. c. 52, giving them relief as to municipal offices; 10 & 11 Vict. c. 58, and 19 & 20 Vict. c. 119, ss. 21, 22 as to their marriages; 21 & 22 Vict. c. 48, s. 5, amended by 23 & 24 Vict. c. 63, as to their making declara-tions as a qualification for office; and the Jews Relief Act, 1858 (21 & 22 Vict. c. 49), empowering either house of Parliament by resolution to allow them to omit the words 'upon the true faith of a Christian' from the form of oath then required to be taken by members of Parliament. The Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), has since prescribed a form of oath containing no reference to the faith of a Christian, and the Promissory Oaths Act, 1871 (34 & 35 Vict. c. 48), repeals 21 & 22 Vict. c. 48, and the Jews Relief Act, 1858, except s. 4, which provides that the official patronage of a professing Jew shall devolve on the Archbishop of Canterbury. By s. 3 of...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Sturges Bourne's Acts
Sturges Bourne's Acts. (English) (1) 58 Geo. 3, c. 69, the Vestries Act, 1818 (Chitty's Statutes, tit. 'Vestries'), as to notice of vestries, qualification for vestry meetings, etc. (repealed as to rural parishes by the Local Government Act, 1894), preservation of parish books and other matters; and (2) 59 Geo. 3, c. 12, the Poor Relief Act, 1819 (Chitty's Statutes, tit. 'Poor'), by which the inhabitants of any parish, in vestry assembled, were enabled to commit the management of its poor to a committee of the parishioners appointed for that purpose and called a 'select vestry,' to whose orders the overseers were bound to conform (this portion of the Act, being superseded by the Poor Law Amendment Act, 1834, is repealed by the Statute Laws Revision Act, 1873). See now Poor Law Act, 1930, and POOR LAW....
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
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