Fairs - Law Dictionary Search Results
Home Dictionary Name: fairs Page: 6Hawkers and pedlars
Hawkers and pedlars, persons who carry their goods from place to place for sale. In 1810 (50 Geo. 3, c. 41), imposed a licence duty on them and made various provisions in regard to their trade. After many amending Acts (see, e.g., 52 Geo. 3, c. 108, 26 & 27 Vict. c. 18, Sched. B, 22 & 23 Vict. c. 36) the (English) Hawkers Act, 1888 (51 & 52 Vict. c. 33), has regulated the business of hawkers, defining, for the purposes of the Act, a hawker as a person who travels about selling or exposing samples with a horse or other beast bearing or drawing burden, the Pedlars Act, 1871 (34 & 35 Vict. c. 96), for regulating the business of peddlers, having already defined a peddler for the purposes of that Act as a person traveling about selling or procuring orders for goods or selling his skill in handicraft, without a horse, etc. see Woolwich Local Board v. Gardiner, (1895) 2 QB 497.A hawker's licence costs 2l. a year, and except by way of renewal of a licence for the year immediately preceding, is...
Cattle
Cattle [derived by Skinner, Menage, and Spelman fr. Capitalia, quac aspr copr ad caput pertinent, personal goods; in which sense Chttels is yet used. Mandeville uses Catele for price], beasts of pasture, either wild or domestic.The term, though often limited to horned domestic animals, may include (see Wright v. Pearson, LR 4 QB 582) horses and sheep; and also pigs and asses, R. v. Chapple, Russ & Ry. 77; R. v. Whitney, 1 Mood. 3.Means bulls, cows, steers, heifers and calves, Halsbury's Laws of England, Vol. 2, para 483, p. 246 [Animal Health Act, 1981, s. 89(1) (UK)]As to injury to cattle by a dog, see Dogs Act, 1906, in which, by s. 7, 'cattle' includes 'horses, mules, asses, goats and swine.' See Dog.As to larceny of cattle, see Larceny Act, 1916, s. 3, and as to killing cattle, etc., with intent to steal the carcase, skin, or any part of the animal killed, see s. 4.As to the malicious wounding of cattle, see (English) Malicious Damage Act, 1861, ss. 40 and 41.As to the prevention o...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a...
Beau-pleader
Beau-pleader (to plead fairly), an obsolete writ upon the Statute of Malbridge (52 Hen. 3, c. 11), which enacted that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines should be taken for fair pleading, i.e., for not pleading fairly or aptly to the purpose; upon this statute, them, this writ was ordained, addressed to the sheriff, bailiff, or him who shall demand such fine, prohibiting him to demand it; an alias, pluries, and attachment followed, Nat. Br. 596. It used to be had as well in respect of vicious as fair pleading by way of amendment-2 Inst. 122....
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
good faith
good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith] see also good faith exception, good faith purchaser compare bad faith NOTE: The meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code good faith is defined generally as “honesty in fact in the conduct or transaction concerned.” Article 2 of the U.C.C. says “good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.” Similarly, Article 3 on negotiable inst...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Marketable
Marketable, such things as may be sold; those for which a buyer may be found. See FAIRS.By marketable it does not mean that the goods must be actually bought and sold in the market. But the goods must be capable of being bought or sold in the market. The law also is that goods which are in the crude or unstable form and which require a further processing before they can be marketed, cannot be considered to be marketable goods merely because they fall within the Schedule to the Excise Act, Cadila Laboratories Pvt. Ltd. v. C.C.E., (2003) 4 SCC 12: AIR 2003 SC 1700 (1703). [Central Excise Act (1 of 1944), s. 3]...
Nundination
Nundination, traffic at fairs and markets; any buying and selling....
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