Local Action - Law Dictionary Search Results
Home Dictionary Name: local actionLocal actions
Local actions, those referring to some particular locality, as actions for trespasses to land, in which the venue must have been laid in the county where the cause of action arose.Real actions and the mixed action of ejectment were local: but personal actions were for the most part transitory, i.e., their cause of action might be supposed to take place anywhere, but when they were brought for anything in relation to realty, they were then local, see Mostyn v. Fabrigas, (1775) 1 Smith, L.C., and 2 Chit. Arch. Prac.And see COUNTY COURT (JURISDICTION), and VENUE....
local action
local action : an action (as for trespassing) that must be brought in the venue that has jurisdiction over the situs or is otherwise designated by law compare transitory action ...
transitory action
transitory action : an action that may be brought in any venue where there is personal jurisdiction over the defendant compare local action ...
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
Local and Personal Acts
Local and Personal Acts. (English) See ACTS OF PARLIAMENT. Provisions in local and personal Acts givings double and treble costs, and allowing the genera lissue to be pleaded, and special matter to be given in evidence, are repealed by 5 & 6 Vict. c. 97, ss. 1, 3. The same Act provides for uniformity of notice of action in such actions-one month in all cases-and equalizes the periods of limitation under such Acts. See LIMITATION, STATUTES OF. By the Interpretation Act, 1889, s. 9, re-enacting 13 & 14 Vict. c. 21, every statute made after 1850 is to be taken to be a public one, and judicially noticed as such, unless the contrary be expressly declared. Interpretation Act, 1888, s. 9.Some Public and General Acts contain provisions for the alteration by Regulations, Statutory or Provisional Order, or otherwise, of local Acts in conformity with the general enactment, e.g., (English) Land Drainage, 1930 (20 & 21 Geo.5, c. 44); see s. 41; London Traffic Act, 1924; (English) Rating and Valuati...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Local authority
Local authority, includes panchayatiraj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civil services, within a specified local area. [Disaster Management Act, 2005, s. 2(h)]It is the political subdivision functioning within the framework of constitution and enjoying certain degree of autonomy serving as administrative units for state services, Dictionary of Political Science, Joseph Dunner, 1965, p. 321.Means a municipal corporation, a municipal council, a Nagar Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat Constituted or Continued under any law for the time being in force. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(e)]Means a municipal corporation, Nagar Panchayat, Municipal Council, District Panchayat, Taluka Pa...
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...
Local area
Local area, 'Local area', in relation to any local cadre, means the local area specified in para 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-para (5) of paragraph 8 of this Order', S. Prakasha Rao v. Commissioner of Commercial Taxes, AIR 1990 SC 997: (1990) 2 SCC 259 (261). [A.P. Employment (Organisation of Local Cadre and Regulation of Direct Recruitment) Order, 1975]It means any area, whether urban or rural, declared by the Central Government or the State Government by notification in the Official Gazette, to be a local area for the purposes of this Act. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (vii)]The words 'local area' in Entry 52 of the Constitution, (when the area is a part of the State imposing the law) in an area administered by a local body like a municipality, a district board, a local board, a union board, a Panchayat or t...
Local land charges
Local land charges. Charges on land acquired at anytime by any local authority, including county, borough or rural district councils under the Public Health Metropolis Management or Private Street Works Act, or under any similar statute (public, general or local or private) passed at any time, must be registered in the local land-charge registry (see (English) Local Land Charges Rules,1927, S.R. & O., 1927, 869/L, 33), as provided by the Land Charges Act, 1925, s. 15, as amended by (English) Law of Property (Amendment) Act, 1926, or they will be void as against a purchaser for money or money's worth of a legal estate in the land affected. The following are included: town planning schemes and resolutions, and restrictions created after 1925 on user of land or buildings, imposed or enforceable by a local authority with some exceptions [see s. 15 (7) (b), ibid.], and this applies to local land charges affecting both registered and unregistered land. As to searches and official certificate...
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