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Intervention - Law Dictionary Search Results

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Dock

Dock [fr. docke, Fle., a bird-cage], (1) the place in a Court of criminal law in which a prisoner is placed during his trial, and from which he may instruct counsel without the intervention of a solicitor; (2) an enclosed space, either dry or filled with water, in which a ship is repaired, loaded, or unloaded. In this last sense a 'dock' is a factory within the Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), s. 104. For regulations regarding loading and unloading, see the (English) Docks Regulations, 1934 (S. R. & O. 1934, No. 279), and the (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), ss. 2-10, in regard to sanitation and health....


Criminal information

Criminal information, a proceeding in the King's Bench Division of the High Court of Justice atthe suit of the king,without a previous indictment or presentment by a grand jury. Criminal informa-tions are of two sorts: (1) Ex officio, which is a formal, written suggestion of an offence com-mitted, filed bby the Attorney-General, or, in the vacancy of that office, by the Solicitor-General, in the King's Bench Division of the High Court, without the intervention of a grandjury. It lies for misdemeanours only, and not for treasons or felonies. The informationis filed in the Crown Office without the previous leave of the Court. (2) Information by the Master of the Crown Office, which is filed at the instance of an individual called 'the relator,' with the leave of the Court; and usually confined to gross and notorious misdemeanours, riots, batteries, libels, and other immoralities. Criminal informations may also be filed against judges and magistrates for illegal, unjust,and wilfully oppre...


Abatement

Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...


Commercial utilisation

Commercial utilisation, 'commercial utilization' means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and live stock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping. [Biological Diversity Act, (18 of 2003), s. 2(f)]...


Advocate, Lord

Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a Solicitor-General and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any Court in Scotland where any person can be tried for an offence, or in any action where the Crown is interested, but it is not usual for him to act in the inferior Courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. Until the creation of the office of Secretary for Scotland the Lord Advocate was virtually Secretary of State for Scotland. Consult Omond's Lord Advocates of Scotland....


Act of God

Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...


Exchequer bills

Exchequer bills, bills of credit issued by the Government under authority of Parliament, and forming part of the 'Unfunded Debt' of the country. They are for various sums, and bear interest according to the usual rate at the time. the advances of the Bank to Government are made upon Exchequer bills; and the daily transactions between the Bank and Government are principally carried on through their intervention. See (English) Exchequer Bills and Bonds Act, 1866 (29 Vict. c. 25), consolidating and amending the Acts dating from 48 Geo. 3, c. 1, which regulated the preparation, issue, and payment of exchequer bills and bonds. See also 52 Vict. c. 6; 5 & 6 Geo. 5, c. 55, and subsequent Acts. Their place has now largely been taken by Treasury bills. See that title....


Shade

Comparative obscurity owing to interception or interruption of the rays of light partial darkness caused by the intervention of something between the space contemplated and the source of light...


Dog

Dog. Draught.--The (English) Protection of Animals Act, 1911, s. 9, and the (English) Protection of Animals (Scotland) Act, 1912, s. 8, prohibit, under a penalty, the use of any dog in England or Scotland for the purpose of draught.Licenses.--Dog licenses are regulated by the (English) Dog Licenses Act, 1867 (30 Vict. c. 5), as amended by 32 & 33 Vict. c. 14, s. 38, 41 Vict. C. 15, ss. 17-23, and 42 & 43 Vict. c. 21, s. 26. They commence on the day of grant, and terminate on the 31st of December following; but procuring a license on the day of a conviction will not avoid the penalty up to 5l. under s. 8 of the Act of 1867, Campbell v. Strangways, (1877) 3 CPD 105. The present duty is 7s. 6d., to which it was raised from 5s. by the (English) Customs and Inland Revenue Act, 1878 (41 & 42 Vict. c. 15), and this s. is amended by s. 5 of the (English) Dogs Act, 1906. See Johnson v. Wilson, (1909) 2 KB 497. No duty is payable for dogs under six months old (Act of 1867, s. 10), or hound whelp...


Litigant

Litigant, is a litigant in person when if acts without the intervention of a solicitor, Madras Electric Supply Corporation Ltd. v. Boarland, (1955) AC 667.Litigant, one engaged in a law-suit....



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