Incorporation By Reference - Law Dictionary Search Results
Home Dictionary Name: incorporation by referenceIncorporation by reference
Incorporation by reference, means a method of making a secondary document part of a primary document by including in the Primary document a statement that the Secondary document should be treated as if it were contained within the primary one, Black's Law Dictionary, 7th Edn., p. 770.Incorporation by reference, of an earlier statute by a later, judicially stigmatized in Knill v. Towse, (1889) 24 QBD 186. Whether there can ever be incorpora-tion by implication is very doubtful; see per Farwell, LJ, in Chislett v. Macbeth, (1909) 2 KB 815, and Lord Loreburn, LC, Ib., 1910 AC 223. See ACT OF PARLIAMENT....
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Verba illata in esse videntur
Verba illata in esse videntur.-(Words referred to are considered to be incorporated.) see INCORPORATION BY REFERENCE.Words inferred are to be considered as incorporated....
Transubstantiation
Transubstantiation, 'the change of the substance of the Bread and Wine in the Supper of our Lord' (Art. 28 of the Thirtynine Articles of Religion); 'a conversion of the whole substance of the Bread into the Body and of the whole substance of the Wine into the Blood, which conversion the Catholic Church calls Transubstantiation.'-Creed of Pope Pius IV., founded on Ch. iv., sess. xiii., of the Council of Trent.Declaration against Transubstantiation.-A Declaration (commonly called the 'Declaration against Transubstantiation') was required of all members of either House of Parliament in 1678, by 30 Car. 2, st. 2, c. 1, with the effect of disabling Roman Catholics from sitting in either House till the passing of the Roman Catholic Relief Act of 1829 (10 Geo. 4, c. 7).Declaration by each new Sovereign.-Both the Bill of Rights (1 W. & M. sess. 2, c. 2), and the Act of Settlement (12 & 13 Wm. 3, c. 2), by an incorporation, by reference only, of 30 Car. 2, st. 2, c. 1 (of which 'so much as is u...
incorporate
incorporate -rat·ed -rat·ing vt 1 : to unite with something else to form a whole [ the agreement into the divorce] 2 : to form (as a business) into a legal corporation 3 : to include (rights guaranteed by the Bill of Rights) within the guarantees of the Fourteenth Amendment see also selective incorporation, total incorporation vi : to form a legal corporation in·cor·po·ra·tion [in-kȯr-pə-rā-shən] n incorporate by reference : to make (the terms of a contemporaneous or earlier document) part of another document (as a codicil) by specific reference in that document see also republish ...
Reference, Incorporation by
Reference, Incorporation by, of an earlier statute by a later one, judicially stigmatised in Knill v. Towse, (1889) 24 QBD 186, and Chislett v. Macbeth & Co., (1909) 2 KB 815. See ACT OF PARLIAMENT....
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Certificate of air worthiness
Certificate of air worthiness, includes any valida-tion of it, and any flight manual, performance schedule or other document. Whatever its title, incorporated by reference in that certificate relating to the certificate of air worthiness, Halsbury's Laws of England, Vol. 2, para 1283, p. 634 [Air Naviga-tion Order 1989 SI 1989/2004, Art. 106(1) (UK)]....
Pr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Deceit
Deceit [fr. deceptio, Lat.], fraud, cheat, craft, or collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or without caring whether it was true or not, and intending that the plaintiff should rely upon it and that the statement was relied upon by the plaintiff and caused damage; non-disclosure may be fradulent, see Suppressio veri, suggestio falsi,' and Cackett v. Keswick, (1902) 2 Ch 456, and Christine Ville Rubber Estates, (1911) 28 TLR 38, and CONCEALMENT [Smith v. Chadwick, (1884) 9 AC 187, and Dery v. Peek, (1889) 14 App Cas 337]. Under the (English) Companies Act, 1929, s. 37, a special action for deceit will lie at the instance of any subscriber for shares or debentures who has subscribed for these on the faith of a prospectus inviting him to subscribe against any director, or person named or referred to as a director in the prospe...
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