No Bill - Law Dictionary Search Results
Home Dictionary Name: no bill Page: 2Reading of a Bill
Reading of a Bill, in House of Commons, the three stages through which a Bill passes, are: First Reading, Second Reading and Third Reading. During the first reading only short title is read by the clerk. During second reading there is a wide debate in general application and desirability of measure. Second reading normally takes place on the floor of the House but certain public Bills are referred to Second Reading Committee for consideration in principle. After it the Bill is referred to Standing Committee for detailed examination. Third reading takes place when a Bill is reported from the Committee of the whole House without amendment or when the consideration of a Bill, as amended, is concluded. After the third reading the Bill is reviewed in its final form with amendments earlier made. No debate may takes place. Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 494.In India three readings are done for a Bill for facilitating adequate scrutiny and debate. First reading is the...
Presetment of Bill of Exchange, Cheque, or Pro-missory Note
Presetment of Bill of Exchange, Cheque, or Pro-missory Note, the presenting of a bill by the holder to the drawee for acceptance, or to the acceptor or an indorser for payment of, a cheque to the banker for payment, and of a note to the maker or indorser for payment.The law on this subject is regulated by the (English) Bills of Exchange Act, 1882, as follows:-Presentment of Bill for Acceptance.--Presentment is necessary if the bill be payable after sight or if it be expressly stipulated for by the bill, or if it be drawn payable elsewhere than at the residence or place of business of the drawee, but in no other case (s. 39). When a bill payable after sight is negotiated, the holder must either present or negotiate it within a reasonable time (s. 40).'The presentment must be made by or on behalf of the holder to the drawee or to some person authorized to accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue.' Presentment must be ...
Holder in due course
Holder in due course is 'a holder who has taken a bill of exchange [cheque or note], complete and regular on the face of it,' under the following conditions, namely:-(a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact.(b) That he took the bill [cheque or note] in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it, Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 29.A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge has not been dishonoured, Black's Law Dictionary, 7th Edn.In R. E. Jones Ltd. v. Warning and Gillow Ltd., 1926 AC 670, it was held that the original payee of a cheque is not a holder in due course within the meaning of the Bill of Exchange Act, 1882.Means any person who for cons...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Speaker of the House of Commons
Speaker of the House of Commons. This great officer is the organ or spokesman of the Commons; in modern times he is more occupied in presiding over the deliberations of the House than in delivering speeches on their behalf. The principal duties of the Speaker are the following:-To preside, as Chairman of the House, at its debates when not in committee; to give a casting vote, when the votes are equal, which according to practice he gives in favour of a motion or bill (he has no original vote); to read to the sovereign petitions or addresses from the Commons, and to deliver in the royal presence, whether at the palace or in the House of Lords, such speeches as are usually made on behalf of the Commons; to reprimand persons who have incurred the displeasure of the House; to issue warrants of committal or release for breaches of privilege; and to communicate in writing with any parties, when so instructed by the House. In the case of Bills introduced under the provisions of the (English) ...
Allonge
Allonge. If there be not room on the back of a bill of exchange to write all the indorsements, the supernumerary indorsements may be written on a slip of paper annexed to the bill and called an allonge, and are then 'deemed to be written on the bill itself.' Bills of Exchange Act, 1882, s. 32, sub-s. 1. It requires no additional stamp....
Notice of dishonour
Notice of dishonour. The 49th section of the Bills of Exchange Act,1882, contains fifteen rules as to notice of dishonour, of which the more important are these:-The notice must be given by or on behalf of the holder or of an indorser himself liable (sub-s. 1).The notice may be given in writing or by personal communication. If written it need not be signed, and an insufficient written notice may be supplemented by a verbal communication (sub-ss. 5, 7).The notice may (sub-s. 12) be given as soon as the bill is dishonoured, and must be given within a reasonable time thereafter. In the absence of special circumstances notice is not deemed to have been given within a reasonable time, unless--(a) When the person giving and the person to receive notice reside in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill.(b) Where the person giving and the person to receive notice reside in different places, the notice is sent off on...
Waring, Ex parte, Rule of
Waring, Ex parte, Rule of. The principle established in Ex parte Waring, (1815) 19 Ves. 345, that securities held by the acceptor of a bill against his acceptances are available to the bill-holders if both acceptor and drawer are insolvent, even though the bill-holders had no knowledge that the securities had been appropriated for the purpose....
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
Gentleman
Gentleman [fr. gentilhomme, Fr.; gentilhuomo, Ital., i.e., homo gentilis, Lat., a man of ancestry, however high his rank]. All persons above yeomen; whereby noblemen are truly called gentlemen, Smith de Rep. Ang., 1. 1, cc. xx., xxi.The word was not employed as a legal addition until about the time of Henry V. It has no precise legal meaning, but is used to designate a man of independent means and no occupation who is not entitled to 'esquire.'To describe the giver (a clerk in the Audit Office) of a bill of sale (see that title) as a gentleman was held an insufficient description in Allen v. Thompson, (1856) 1 H. & N. 15; and so of a deponent to the fitness of a proposed new trustee in Re Orde, (1883) 24 Ch D 271...
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