Every Person - Law Dictionary Search Results
Home Dictionary Name: every person Page: 4 Page 4 of about 164 results (0.003 seconds)Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Threats
Threats, or menaces of bodily hurt, through fear of which a man's business is interrupted, are civil injuries affecting the right of personal security. The remedy for this species of injury is in pecuniary damages.By the Larceny Act, 1916, s. 30,Every person who with intent:(a) to extort any valuable thing from any person, or(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,(1)publishes or threatens to publish any libel upon any other person whether living or dead; or(2)directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment, with or without hard labour, for any term not exceeding two years.See also, s. 29 (ibid.), as to threats to accuse of certain serious crimes, and BLACKMAIL.Th...
False pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
Limited liability
Limited liability. At Common Law every person is liable, upon his contracts, up to the whole amount of his estate, and every partner is so liable upon all the contracts of the partnership. So extensive a liability being apt to prevent persons from engaging in business as partners, the statutes authorizing the construction of railways, etc., have always limited the liability of each shareholder to the amount of the shares held by him. Similar limitations, extending in some cases to double the amount of shares held, have also long been found (though not universally) in the charters of incorporated banks and insurance companies.Companies Acts.--Under the Companies Acts, limited liability means that the members are not liable beyond the unpaid-up part (if any) of the nominal amount of the shares in respect of which they are registered in the books of the company. When a share has been fully paid up, no further liability exists. As to shares which have not been fully paid up, see CONTRIBUTO...
Open market
Open market, if the transactions of sale and pur-chase are effected under conditions enabling every person desirous of purchasing the goods in question to place orders with such manufacturing unit and obtain supplies, they will constitute purchases 'from the open market'. The Supreme Court in in this context referred with advantage to the following observations of Swinfen Eady, J. in Inland Revenue Commissioners v. Clay, (1914) 3 KB 466: (1914-1915) All ER Rep 882 (888), where the Court of Appeal had to consider the scope of the expression 'open market' occurring in s. 25(1) of the Finance Act, 1910 (10 Edw 7, c 8): The market is to be the open market, as distinguished from an offer to a limited class only, such as the members of the family. The market is not necessarily an auction-sale. The s. means such amount as the land might be expected to realize if offered under conditions enabling every person desirous of purchasing to come in and make an offer, and if proper steps were taken t...
Betting
Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...
Carrier
Carrier, in its general sense, a person who undertakes to transport the goods of other persons from one place to another for hire. It is not, however, every person who undertakes to carry goods for hire that is deemed a common carrier.A carrier of passengers is liable only for negligence and not as an insurer, Redhead v. Midland R. Co., (1869) LR 4 QB 379.To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.The two obligations of a common carrier of goods are (1) to carry for everybody, and (2) to answer for all things carried as an insurer, unless lost or injured by the act of God or the King's enemies.The second obligation, that of an insurer, is restricted by the (English) Carriers Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 68), which protects carriers from liabi...
Entitled to act
Entitled to act, the following persons shall be deemed persons as and to the extent hereinafter provided (that is to say):-Provided that--(i) no person shall be deemed 'entitled to act' whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.(iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act.(iv) no person 'entitled to act' shall be competent to receive the compensation money p...
Trustee
Trustee, is the legal owner of the property the actual owner thereof having lost title thereto by the creation of a trust. The equitable ownership in the trust property vests in the beneficiaries. The trust is thus an incidence of dual ownership in which the creator of the trust no longer figures, Baba Badri Dass v. Dharma, AIR 1982 P&H 255.Means one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary, Black's Law Dictionary, 7th Edn., p. 1519.Trustee, one entrusted with property for the benefit of another, called beneficiary, or cestui que trust. See also PUBLIC TRUSTEE; BREACH OF TRUST.Consult Lewin or Godefroi on Trusts.'Trustee' means any person, by whatever desig-nation known, appointed to administer a religious trust either verbally or by or under any deed or instrument or in accordance with the usage of such trust or by the District Judge or any other competent authority, and includes any person appointe...
Musician, London
Musician, London. The (English) Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55, 'Bass's Act' [Chitty's Statutes, tit. 'Police (Metropolis)'], repealing and strengthening the provisions of s. 57 of the (English) Metropolitan Police Act, 1839, enacts that any householder within the metropolitan police district, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits of any inmate of such house, or for other reasonable or sufficient cause;And every person who shall sound or play upon any musical instrument or shall sing in any thoroughfare or public place near any such house after being so required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for an...
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