Leigh - Law Dictionary Search Results

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Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...

Fixtures

Fixtures. Things of an accessory character which are not something which is part of the original struc-ture, Boswell v. Crucible Steel Co., (1925) 1 KB 119, annexed to houses or lands, which become, immediately on annexation, part of the realty itself, i.e., governed by the same law which applies to the land, in conformity with the maxim quicquid plantatur solo, solo cedit. The application of this legal principle, however, is not uniform, as may be thus shown:(1) Between landlord and tenant. If the chattels be not let into the soil, they are not fixtures at all, and may be removed at will, like any other species of personal property. When the chattel is connected with the free-hold, by being let into the earth, or by being cemented or otherwise united to some erection attached to the ground, the question arises-when may the tenant remove such fixtures?The general rule as to annexations made by a tenant during the continuance of his term is the following-Whenever he has affixed anything...

Prisoner

Prisoner, 'prisoner' means a person undergoing a sentence of imprisonment under an order passed by a criminal court including the courts established under the law for the time being in force in contracting States. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(c)]One who is being tried for felony; one who is confined in a prison. As to legal aid for a prisoner, see POOR, and as to the forcible feeding of a prisoner, see Leigh v. Gladstone, (1909) 26 TLR 139. As to the temporary discharge of prisoners on account of the condition of their health. [see (English) Prisoners (Temporary Discharge for Ill-health) Act, 1913]...

Support

Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...

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