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Local Courts - Law Dictionary Search Results

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Audit

Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...


Reference

Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...


Palmer's Act

Palmer's Act, the (English) Central Criminal Court Act, 1856 (18 & 19 Vict. c. 16), enabling a person accused of a crime committed out of the jurisdiction of the Central Criminal Court to be tried in that Court, in order to give him a trial free from local prejudice. So called from the poisoner William Palmer, of Rugeley, in Staffordshire, who was tried and convicted at the Central Criminal Court in 1856. See Trial of William Palmer, 1912, Edn. by George H. Knott.And see HINDE PALMER'S ACT....


city court

city court : a court having jurisdiction over local civil matters and often petty criminal matters (as violations of city ordinances) ...


Dangerous structure

Dangerous structure. By s. 75 of the (English) Towns Improvements Clauses Act, 1847 (10 & 11 Vict. c. 34), which is incorporated (see s. 160) (English) in the Public Health Act,1875 (38 & 39 Vict. c. 55), any building deemed by the surveyor to be in a ruinous or dangerous state must be pulled down, repaired, or otherwise made secure. This provision is not confined to buildings, etc., adjacent to a highway; see L.C.C. v. Herring, (1894) 2 QB 522, a case decided under the (English) Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122). See also the London Building Act, 1930 (c. clviii.), ss. 128 et seq, and (English) Public Health Act, 1936, s. 58, enabling a local authority to apply to a Court of Summary Jurisdiction for an order to the owner to repair or demolish the structure, and upon failure by the owner the local authority may do the work and shore it up or fence it off; see also Housing Act, 1936....


Diocesan Courts

Diocesan Courts, the consistorial courts of each diocese, exercising general jurisdiction of all matters arising locally within their respective limits, with the exception of places subject to peculiar jurisdiction; deciding all matters of spiritual discipline-suspending or depriving clergymen-and administering the other branches of the ecclesiastical law, 2 Steph. Com....


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 ...


Plan

Plan. In the (English) Copyright Act, 1911, 'literary work' includes 'plans' (s. 35); and see also as to plans, s. 2, sub-s. (1) (ii). see COPYRIGHT. Under various Acts, plans have to be deposited with local authorities for various purposes. If the local authority neglects to pass the plans the remedy is by mandamus, Davis v. Bromley Corporation, (1908) 1 KB 170 and R. v. Cambrdige Corporation, (1922) 1 KB 250. As to a purchaser's right to have the property conveyed to him by reference to a plan on his conveyance, see Re Sansom, (1910) 1 Ch 741; Re Sparrow, ib. 2 Ch 60, and as to maps as evidence, Storey v. Eastborune R.D.C., (1927) 1 Ch 367.Under the Land Registration Act, 1925, s. 76, land may be described by description on a map or plan. For the practice of the Land Registry, consult The Land Registry General Map, by W.S. Tratman, and LR Rules, 272-285.As to the property in plans, see ARCHITECT.In common acceptation mean 'a drawing or diagram made by projections on a horizontal plan...


Surveyor

Surveyor, one who has the overseeing or care of another person's land or works. See HIGHWAYS. There are local authority surveyors, see, e.g., (English) Loc. Gov. Act, 1933, s. 104.A Court of Surveyors was erected by 33 Hen. 8, c. 39, for the benefit of the Crown. The Court had long fallen into disuse, when the ss. of that Act (of which many ss. relating to Crown debts are still upon the Statute Book) relating to the Court were repealed by the Statute Law Revision Act, 1863....


Tolsey

Tolsey, the same as tolbooth, which see. Also a place where merchants meet. The Tolzey Court is a local tribunal, for civil causes, held at the Guildhall, Bristol. The Recorder of Bristol is the judge of this Court, and has jurisdiction over mixed and personal actions of a judge of the King's Bench Division provided the cause of action arose within 'the city and county of Bristol.' Whatever be the amount claimed....



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