Lawful Authorities - Law Dictionary Search Results
Local Government
Local Government. That part of the government of the country which, by delegation from the Imperial Government, is conducted the bodies appointed or elected to conduct it within limited areas, as parishes, boroughs, local government districts, poor law unions, petty sessional districts, county boroughs, and counties. See these titles respectively, and COUNTY COUNCIL; DISTRICT COUNCIL; PARISH COUNCIL; and BOROUGH COUNCIL.Local Government Act, 1888 (51 & 52 Vict. c. 41). The Act established county councils throughout England and Wales, and has been amended and extended by many other Acts.Transfer of Imperial Powers to County Councils.--The (English) Local Government (Transfer of Powers) Act, 1903 (3 Edw. 7, c. 15), though permissive only, extended general, tentative, unsued and almost unknown powers of decentralization which had previously been entrusted to the Local Government Board by the (English) Local Government Act, 1888. The (English) Local Government Act, 1894 (56 & 57 Vict. c. 7...
arrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
Petty-bag Office
Petty-bag Office, an office belonging to the Common Law jurisdiction of the Court of Chancery, for suits for and against solicitors and officers of that Court, and for process and proceedings by extents on statutes, recognizances, ad quod damnum scire facias to repel letters-patent, etc., Termes de la Ley. The term is derived from the little bag (parva baga) in which original writs relating to the business of the Crown were anciently kept.By the Great Seal Offices Abolition Act, 1884, s. 5, provision was made for the abolition of the office of Clerk of the Petty Bag, and the transfer of his duties, and in 1888, the last holder of the office dying, it ceased to exist.The Common Law jurisdiction of the Court of Chancery is now transferred to the High Court of Justice [(English) Jud. Act, 1925, s. 18(2)(b)], replacing (English) Jud. Act, 1873, s. 16).Pew [fr. puye, Dut.; appui, Fr.], an enclosed seat in a church. It is some what in the nature of an heirloom, and may descend by immemorial ...
rule
rule 1 a : a prescribed guide for conduct or action b : a regulating principle or precept 2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed [a directing the district court to show cause why its ruling should not be vacated "People v. District Court, 797 P.2d 1259 (1990)"] b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure [s of evidence] [s of appellate procedure] see also rule of court c : rule of law 3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself [a subject to statutory notice and comment requirement...
Colony
Colony [fr. colo, Lat., to cultivate], a settlement in a foreign country possessed and cultivated, either wholly or partially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country whence they emigrated. In other words, it is a place peopled from some more ancient city or country.England was not the first among European nations that planted settlements in parts beyond Europe. But by her own colonization, and by the conquests of the settlements of other nations, she was now acquired a more extensive dominion of colonies and dependencies than any other nation. The colonies of Great Britain exceed in number, extent, and value those of every other country.In an Act of Parliament (English) passed after 1889 the expression 'colony' means by s. 18(3), of the Interpretation Act, 1889, 'any part of her Majesty's dominions, exclusive of the British Islands and of British India, and where parts of such dominions are under both a central ...
Constable
Constable [fr. Comes stabuli, Lat., in the eastern empire a superintendent of the imperial stables, or the emperor's master of the horse, who at length obtained the command of the army], an officer to whom our law commits the duty of maintaining the peace, and bringing to justice those by whom it is infringed.Provision is made for the abolition of the office of High Constable by the (English) High Constables Act, 1869 (32 & 33 Vict. c. 67), and of that of Parish Constable by the Parish Constables Act, 1872 (35 & 36 Vict. c. 92), which Act, however, still allows of their appointment in exceptional cases.By the (English) Municipal Corporations Act, 1882, s. 191, in all boroughs to which that Act applies, 'borough constables' are appointed by the Watch Committee, but the (English) Local Government Act,1888, has, in the case of boroughs having a population of less than 10,000 transferred the appointments to the county councils.In counties constables were appointed by the justices of the pe...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Guardians of the poor
Guardians of the poor. Their powers have been transferred to the councils of the counties and county boroughs, who are now the poor law authorities; see the (English) Local Government Act, 1929 (c. 17), s. 1, and (English) Poor Law Act, 1930) c. 17), s. 2 (see POOR LAW AUTHORITIES). Previously, they were the persons administering, under the control of the Ministry of Health, the funds raised by poor rates under the Poor Relief Act, 1601, and other Acts for the relief of the poor. They were elected by ballot by parochial electors, each giving one vote and no more for each of any number of persons not exceeding the number to be elected in 'unions' or parishes, as the case may be, within 40 days after the 25th March in every year, to serve for three years, one-third of their number going out of office every year under the (English) Poor Law Amendment Act, 1834 (4 & 5 Wm. 4, c. 76), ss. 38 et seq., as amended materially by the (English) Local Government Act, 1894 (56 & 57 Vict. c. 73, s. 2...
Insubordination
The quality of being insubordinate disobedience to lawful authority...
False imprisonment
False imprisonment, restraining personal liberty without lawful authority, for which offence the law has not only decreed a punishment as a public crime, but has also given a private reparation to the party as well by removing the actual confinement for the present by habeas corpus, as by subjecting the wrongdoer to an action of trespass, etc., usually called an action of false imprisonment, on account of the damage sustained by the loss of time and liberty. It must amount to a total restraint of the plaintiff's liberty for some period, however short, see Bird v. Jones, (1845) 7 QB 742. As to the persons liable, see Walters v. W.H. Smith & Son, Ltd., (1914) 1 KB 595; Herd v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where the onus of proving absence of reasonable and probable cause lies on the plaintiff, Sewell v. National...
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