Fox S Act - Law Dictionary Search Results
Home Dictionary Name: fox s act Page 1 of about 9 results (0.004 seconds)Fox's Act
Fox's Act, 32 Geo. 3, c. 60 [the (English) Libel Act, 1792], which secured to juries, upon indictments for libel, the right of pronouncing a general verdict of guilty or not guilty upon the whole matter in issue, and no longer bound them to find a verdict of guilty on proof of the publication of the paper charged to be a libel, and of the sense ascribed to it in the indictment. See LIBEL. Consult Odgers on Libel....
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Abandonment
Abandonment [fr. Abandonner, Fr.], the relinquish-ment of an interest or claim.Means the relinquishing of a right or interest with the intention of never again claiming it. In the context of contracts of the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a non-performing party has caused. But rescission due to a material breach by the other party is termination or discharge of the contract for all purposes., Black Law Dictionary, 7th Edn., p. 1.The relinquishment by an assured person to the assurers of his right to what saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a 'constructive to...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Animals
Animals may be divided into--(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.Dogs. As to injury by dogs and seizure of stray dogs, see DOG.Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or be...
Impressing men
Impressing men, compelling persons to serve in the Navy. This practice was allowed at Common Law [see Ex parte Fox, (1793) 5 TR 277], and was extensively followed until 1815, when it began to be gradually abandoned for the recruiting by voluntary enlistment, which has now entirely displaced it. The practice is still clearly legal, and is recognized impliedly by the (English) Naval Enlistment Act, 1835 (5 & 6 Wm. 4, c. 24), which, however, provides that no person shall be detained in the Royal Navy, against his consent, for a longer period than five years except in case of emergency. See also the (English) Naval Enlistment Act, 1853 (16 & 17 Vict. c. 69), which, perhaps, has the effect of limiting the liability to serve to seafaring men. Under the (English) Army Act (s. 112) and (English) Air Force Act the Crown has power to impress carriages, animals, drivers and aircraft for moving baggage and stores, etc. Compensation is payable, see (English) Army Act, s. 113, and Sched....
Corpse
Corpse. Removing a corpse from a grave is a misdemeanour at Common Law, Reg. v. Sharpe, (1857) 26 LJ C 47; R. v. Kenyon, (1901) 36 LJ News. 571. Refusing to bury dead bodies by those whose duty it is to do so is punishable by the temporal courts, independently of spiritual censures, on indictment or information. There is no property in a dead body, Williams v. Williams, (1882) 20 Ch D 659.Dissection.--The (English) Anatomy Act, 1832 (2 & 3 Wm. 4, c. 75), makes dissection legal. See DISSECTION.As to post-mortem examinations, see (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), ss. 161 to 163, and Public Health (London) Act, 1936; for disposing of infectious bodies, see the same Acts respectively.A gaoler cannot detain the dead body of a person in his custody under a ca. sa. (capias ad satisfaciendum) until the executors of the deceased person satisfy his pecuniary claims upon the deceased, R. v. Fox, (1841) 2 QB 246; S.C. Re Wakefield, (1841) 1 G&D 566.See BURIAL and CRE...
Discontinuance
Discontinuance, an interruption or breaking off. This happened when he who had an estate-tail made a larger estate of the land than by law he was entitled to do; in which case the estate was good, so far as his power extended to make it, but no further, Finch, L. 190; 1 Rep. 44. The learning relative to discontinuances has now become of no account, as far as future transactions are concerned, not merely inconsequence of the abolition of fines, but by the effect of the Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), which provides (s. 39) that no discontinuance shall thereafter avail to take away the right of entry.Discontinuance by the plaintiff in an action in the High Court is governed by R. S. C., Ord. XXVI.; and in the county Court by C. C. Rules, Ord. IX. In either Court there must be notice in writing (of which there are prescribed forms, which, though not compulsory, it is desirable to use), which in the county Court is to be given by post or otherwise to the registrar,...
Nonsuit
Nonsuit [non est prosecutus, Lat.]. The judge orders a nonsuit when the plaintiff fails to make out a legal cause of action or fails to support his pleadings by any evidence; whether the evidence which he gives can be considered any evidence at all of a cause of action is a question of law for the judge. By the former practice a plaintiff after a nonsuit might, on paying all costs, recommence his action; by the Rules of 1875 any judgment of nonsuit, unless the court or a judge should otherwise direct, had the same effect as judgment upon the merits for the defendant (English) Jud. Act, 1875, Ord. XLI., r. 6]; but this rule has been rescinded, and it is not reproduced. A plaintiff cannot now elect to be nonsuited, and if he offers no evidence it is the duty of the court to direct the jury to find a verdict for the defendant, and the usual consequences of such verdict will follow, Fox v. Star Newspaper Co., 1900 AC 19; but a judge cannot order a nonsuit on plaintiff's opening without the...
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