Licensee - Law Dictionary Search Results
Home Dictionary Name: licensee Page: 7Conge d'Eslire, or elire
Conge d'Eslire, or elire (leave to elect). The king's licence or permission sent to a dean and chapter to proceed to the election of a bishop or archbishop, when the office becomes vacant. By 25 Hen. 8, c. 20, the sovereign may grant this licence 'with a letter missive containing the name of the person whom they shall elect and choose,' and it is enacted that the dean and chapter shall elect the said person and none other, and that if they defer their election above twelve days, the sovereign at his liberty and pleasure shall appoint such person to the office as he shall think able and convenient for the same. See R. v. Archbishop of Canterbury, (1902) 2 K B 503....
Canon law
Canon law. When Christian communities formed themselves into congregations ('kklhoiai), certain resolutions were agreed upon for their government; these were termed rules kavoves, forma, disciplina); and the phrases canonica sanctio, lex canonica, and canonum jura, were not introduced until the ninth century, nor the phrase jus canonicum until the canon law began in the twelfth century to be treated as a science. The canon law, properly so called, denotes the ecclesiastical law, sanctioned by the Church of Rome. It borrows from the Roman Law many of its principles and rules of proceeding, though not servilely, nor without such variations as the independence of its tribunals and the different nature of its authorities might be expected to produce, See Hall. Lit. Hist.The canons made in England in 1603, and revised in 1866, are binding on the clergy only, see per Lord Hardwicke in Middleton v. Croft, (1737) 2 Str 1056, some of them being very archaic, as canon 72, by which it is unlawful...
Bicycles
Bicycles. The use of these and similar machines, formerly regulated by byelaws made by local authorities under the (English) Highways Act of 1878, and the Municipal Corporations Act, 1882, is regulated by s. 85 of the (English) Local Government Act, 1888, which repeals all Acts empowering byelaws to be made on the subject, declares bicycles, etc., to be 'carriage within the meaning of the (English) Highway Acts' (see especially s. 78 of the Highway Act, 1835); but see Simpson v. Teignmouth, etc., Bridge Co., (1903) 1 KB 405, and in addition provides that cyclists must carry lamps between one hour after sunset and one hour before sunrise, and must give warning of their approach by bell or whistle. The Road Traffic Act, 1934, makes provisions as to red reflectors and a white surface in order to exempt bicyclists from having to shew a red rear light under (English)Road Transport Lighting Act, 1927, s. 5 [see (English) Pedal Cycles (White Surface) Provisional Regulations, 1934, 18 October,...
Beer
Beer, a liquor, compounded of malt and hops. The selling of it by retail is regulated by various Acts. The (English) Licensing Act of 1828, which did not allow the sale of beer by retail except in 'alehouses,' etc., requiring a licence from justices of the peace-grantable or refusable in their absolute discretion-not being considered to afford sufficient facilities for supplying the public with beer, the (English) Beer Act of 1830 (11 Geo. 4 & 1 Wm. 4, c. 64), was passed to allow any person to retail beer upon taking out an excise licence only.This Act was amended in 1834 by 4 & 5 Wm. 4, c. 85, which drew a distinction between houses for the retail of beer to be drunk on the premises where sold-commonly called beerhouses-and houses for the retail of beer not to be drunk on the premises where sold-commonly called beershops, by requiring that the keeper of a beerhouse should obtain as a condition precedent to his excise license a certificate of good character, signed by six rate payers n...
Banns of marriage
Banns of marriage. 'Banns' is the plural of 'Bann' or 'Ban,' an edict or prohibition. The Prayer Book of 1662 directed banns of marriage to be published in church 'three several Sundays or Holy Days immediately before the sentences for the offertory' (this was in the Rubric prefixed to the Form of Solemnisation), but also after the Nicene Creed, together with many other notices separated from those sentences by the sermon (this direction was in the Rubric following the Nicene Creed, and the two directions do not seem quite consistent). In 1753 (English) Lord Hardwicke's Act (26 Geo. 2, c. 33), directed publication during morning service, or evening service if there be no morning service, immediately after the Second Lesson; and about 1809 the Rubrics were altered by the king's printers of their own motion to bring them into agreement with Lord Hardwicke's Act, which, however, may possibly have referred in its alteration to the evening service only. The (English) Marriage Act, 1823 (4 G...
Licensed victualler
Licensed victualler. The holder of the general publican's licence, under the Licensing (Consolidation) Act,1910 (10 Edw. 7 & 1 Geo. 5, c. 24), is the licensed victualler par excellence, but the term may be applied to any person selling any kind of intoxicating liquor under a licence from the justices of the peace. See INTOXICATING LIQUORS....
Permit
Permit, a licence. An instrument granted by the officers of excise, certifying that the excise duties on certain goods have been paid, and permitting their removal from some specified place to another.Means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (31)]The word 'permit' is to be understood indicative of a formal consent, grant or authorization or to giving of express licence, Ram Singh Pritam Singh v. Chief Commissioner, AIR 1968 P&H 470.Means giving a passing consent or just, not hindering permit has been used in certain contexts as meaning 'to resign' 'to suffer' and not to prohibit etc., Ram Singh Pritam Singh v. Chief Commissioner, Union Territory, Chandigarh, AIR 1968 Punj 470.Means one or two things: either to give leave for an act which without that leave could not be legally done, or to abstain fro...
Utility
Utility, means any person or entity engaged in the generation, transmission, sale, distribution or supply, as the case maybe, of energy. [Electricity Regulatory Commissions Act, 1998 (14 of 1998), s. 2 (l)]Means the electric lines or electrical plant, and includes all lands, buildings, works and materials attached thereto belonging to any person acting as a generating company or licensee under the provisions of this Act. [Electricity Act, 2003 (36 of 2003), s. 2(75)]Means equipment or material used in providing such a service or commodity, Ware v. Public Serv. Co., 412 A. 2d 84 (1980).Means the electric lines or electrical plant, and includes all lands, buildings words and materials attached thereto belonging to any person acting as a generating company or license under the provisions of the Act, Electricity Act, 2003, s. 2(75); A.P. Gas Power Corporation Ltd. v. A.P. Electricity Regulatory Commission, AIR 2006 AP 13....
Black list
Black list. The term given to any list of persons with whom the person or body compiling the list advises that no one should have dealings of the character indicated. Thus the list of defaulters on the Stock Exchange is so named, and various societies and individuals also publish lists with a similar purpose. By s. 6 of the Licensing Act, 1902 (2 Edw. 7, c. 28), there is power to put an 'habitual drunkard,' if he consents [Commissioner of Metropolitan Police v. Donovan, (1903) 1 KB 895], on a list kept by the police, and this renders him liable to a penalty on summary conviction for obtaining intoxicating liquor within three years, and the licensee or other person supplying him is also liable. See DRUNKENNESS.The publication of a black list may constitute a libel if it conveys a defamatory and untrue meaning. 'Black lists are real instruments of coercion, as every man whose name is on one soon discovers to his cost, Quim v. Leathem, 1901 AC 538; see also Ware & De Freville, Ltd. v. Mot...
Holder
Holder, a payee or indorse in possession of a bill of exchange or a promissory note.The 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such loss or destruction. [Negotiable Instruments Act, 1881 (26 of 1881), s. 8]A person who has legal possession of a negotiable instrument and is entitled to receive payment on it, Black's Law Dictionary, 7th Edn.Holder, in relation to any operating right, means the lessee, licensee or permittee, as the case may be, in respect of such operating right, the Offshore Areas Mineral (Development and Regulation) Act, 2002, s. 4(f)....
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