Every Person - Law Dictionary Search Results
Home Dictionary Name: every person Page: 3 Page 3 of about 164 results (0.004 seconds)Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Affirmation
Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...
Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Articles of religion
Articles of religion, commonly called the Thirty-nine Articles, a body of divinity drawn up by the convocation in 1562, required of the clergy to be subscribed to by 13 Eliz. C. 12, and confirmed by James I. Consult Burnet's Exposition of the Thirty-nine Articles.' The Oxford University Act, 1854 (17 & 18 Vict. c. 81), ss. 43, 44, has rendered unnecessary subscription to these Articles, or any oath, on matriculating or on taking a degree in the University of Oxford; and the Cambridge University Act, 1856 (19 & 20 Vict. c. 88), ss. 45, 46, contains a similar enactment in regard to the University of Cambridge; a declaration of assent to them is required by the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122) (see CLERICAL SUBSCRIPTION), to be subscribed by every deacon or priest before ordination, and also by every person about to be instituted to a benefice, or licensed to a perpetual curacy; every such person being also required to read the Articles publicly in church on the firs...
Census
Census, a numbering of the people. It formerly took place in this country once in every 10 years. The first was taken in 1801 under 41 Geo. 3, c. 15; that of 1891 on Sunday, 5th April, 1891, under the Census Acts, 1890 [53 & 54 Vict. c. 61 (England), c. 38 (Scotland), and c. 46 (Ireland)], and that of 1911 under the Census (Great Britain) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 27), and the Census (Ireland) Act, 1910. The Census Act,1920, provides that a census maybe taken, if so directed by an Order in Council, at any time, provided that five years have elapsed since the last census, and provided that a draft order has been laid before Parliament for 20 days. The early Census Acts only got at the numbers, occupations, etc., by a series of questions to overseers, clergymen, etc. The Act of 1840 (3 & 4 Vict. c. 99), was the first to get at the name, etc., of every person in every house. The Act [s. 11 (3)] makes it penal for a person employed in the census to communicate, without lawful aut...
Sheriff, Shire-reeve, or Shiriff
Sheriff, Shire-reeve, or Shiriff [fr. scire, Sax., fr. scyran, to divide, and gerefa, a guardian (vicecomes)], the chief officer of the Crown in every county.The judges, together with the other great officers and privy councillors, meet in the Exchequer on the morrow (November 12th) of St. Martin, yearly; and then and there the judges propose three persons from each county, to be reported, if approved of, to the King, who afterwards appoints one of them to be sheriff, and such appointment generally takes place about the end of the following Hilary Term. If a sheriff die in office, the appointment of another is the mere act of the Crown.The Sheriffs Act, 1887, repeals and, so far as they were not obsolete, re-enacts the very numerous enactments as to sheriffs from 3 Edw. 1, c. 9, to s. 16 of the (English) Judicature Act, 1881, inclusive. By s. 3 of this Act a sheriff is annually appointed, having (s. 4) sufficient land within the county to answer the King and his people; by s. 23 every ...
Cancellation
Cancellation, any manner of obliteration and defacement, as of an adhesive stamp in the manner prescribed by s. 8 of the (English) Stamp Act, 1891 (54 & 55 Vict. c. 91), which enacts that-(1) Mode of Cancellation. An instrument, the duty upon which is required or permitted by law [see ss. 22, 34, 49(2), 52(3), 64, 69(3), 78(1), 79(2), 80(2), 85(1), 90, 99, 101(2), 110(1), and 111(2)], to be denoted by an adhesive stamp, is not to be deemed duly stamped with an adhesive stamp, unless the person required by law to cancel the adhesive stamp cancels the same by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, or otherwise effectively cancels the stamp and renders the same incapable of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.(2) Plurality of Stamps. Where two or more ...
Gun
Gun. The Gun Licence Act, 1870 (33 & 34 Vict. c. 57), in which 'gun' includes a firearm of any descrip-tion and an air-gun or any other kind of gun from which any shot, bullet or other missile can be discharged,' grants to the Crown 'for every licence to be taken out yearly by every person who shall use or carry a gun in the United Kingdom the sum of 10s.' By s. 6 of the Customs and Inland Revenue Act, 1883, licences expire on July 31st after date. Licences are registered by the inland revenue officers who grant them, and must be produced to such officers on demand. For using a gun without licence except in a dwelling-house, the fine is 10l., but there are six exemptions, being of (1) persons in the naval, military, or volunteer service in discharge of their duty; (2) licensees to kill game; (3) persons carrying such licensee's gun, by his order and for his use, and giving his name and address as well as his own on request of inland revenue officer or constable, or owner or occupier of...
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...
Occupier
Occupier, includes, --(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.(ii) an owner in occupation of or otherwise using his land or building.(iii) a rent-free tenant of any land or building, and(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building. [The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(i)]Means a person who occupies a site or building within a zone and including his successors and assignees. [The Rajasthan Special Economic Zones Development Act, 2003, s. 2(h)]Occupier, of a jute-mill means the person who has ultimate control over the affairs of the jute-mill. [The West Bengal Value Added Tax Act, 2003, s. 2(25)]The person residing in or upon or having a right to reside in or upon any house, land, or place; formerly rateable to the poor rate under the Poor Rel...
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