Manie - Law Dictionary Search Results
Home Dictionary Name: manie Page: 2Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
Gypsies
Gypsies. The first of the laws against gypsies, 22 Hen. 8, c. 10, describes this people, who were then new-comers in this country, as 'outlandish persons calling themselves Egyptians, using no craft or feat or merchandise, who have come into this realm and go from shire to shire and place to place in great company, and use great, subtle, and crafty means to deceive the people, bearing them in hand, that they by palmistry could tell men's and women's fortunes; and so many times by craft and subtilty have deceived the people of their money, and also have committeed many heinous felonies and robberies.' It was enacted that if any such persons came within the realm, they should forfeit all their goods and chattels, and should leave the kingdom within fifteen days after command so to do, upon pain of imprisonment, 4 Reeves, c. xxx., 420.Both this Act, and the still more severe 1 & 2 P. & M. c. 4, have been repealed, as Acts not in use, by 19 & 20 Vict. c. 64. Fortune-tellers are, however, p...
Essoin, Essoigne, Assoign
Essoin, Essoigne, Assoign [fr. essonium, Lat.; essoine, Fr.; ex, priv., and soing, cura; ab angusta cura, vel labore liberare, which is a more probable derivation than Gk.; though it signifies to excuse by means of an oath, which is the precise nature of an essoin. See Spelman, voc., 'Essoniare' ], an excuse for him who is summoned to appear and answer to an action, or to perform suit to a Court-baron, etc., by reason of sickness or infirmity or other just cause of absence.The causes of excuse called essoins allowed in the King's Court were many. The principal essoin was that de infirmitate, which was of two kinds: 1. De infirmitate veniendi; 2. De infirmitate resianti'--of which the first was afterwards called de malo veniendi, the latter de malo lecti. See 1 Reeves, 115 and 405, for other essoins.Formerly the first general return day of the term was called the essoin day, because the Court sat to receive essoins; but when essoins were no longer allowed to be cast, i.e., obtained, in ...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Domicile and residence
Domicile and residence, etymologically, 'residence' and 'domicile' carry the same meaning, inasmuch as both refer to the permanent home, but under Private International Law, 'domicile' carries a little different sense and exhibits many facets. In spite of having a permanent home, a person may have a commercial, a political or forensic domicile. 'Domicile' may also take many colours; it may be domicile of origin, domicile of choice, domicile by operation of law or domicile of dependence. In Private International Law domicile' jurisprudentially has a different concept altogether, Union of India v. Dudh Nath Pandey, AIR 2000 SC 525 (532): (2002) 2 SCC 20.In spite of having a permanent home, a person may have a commercial, a political or a forensic domicil, Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.It means a person must have a permanant home in Chandigarh or he has been there for years with the intention to live there permanently or indefinitely, Chandigarh Housing Board v. Gurm...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
De medietate lingu'
De medietate lingu' (of a moiety of tongue), Jury. At Common Law an alien was entitled to be tried by a jury of which one-half consisted of aliens, and the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 47, enacted that, on the prayer of any alien indicted for felony or misdemeanour, the sheriff should return for one-half of the jury a competent number of aliens, if so many there were in the town or place where the trial was had; and if not, then so many aliens as should be found in the same town or place, if any. An alien is now triable in the same manner as if he were a natural born British subject; see the British Nationality and Status of Aliens Act, 1914, s. 18, in substitution for the (English) Naturalization Act, 1870. See ALIEN....
Corporations, Municipal
Corporations, Municipal. The many statutes affect-ing these bodies are consolidated by the Municipal Corporations Act, 1882. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), which repeals many of the previous Acts, except as to London, and codifies the enactments relating to England and Wales. See MUNICIPAL CORPORA-TIONS....
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