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Obstruction - Law Dictionary Search Results

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Wires, Overhead

Wires, Overhead. For power to urban authority to make bye-laws for prevention of danger or obstruction from overhead telegraphic wires: see the Public Health and Local Government Acts. As to the power of the Post Office to place telegraph lines across private property or property belonging to public undertakings, etc., see the (English) Telegraph Acts (41 & 42 Vict. c. 76; 26 & 27 Vict. c. 112; and 6 & 7 Geo. 5, c. 40), and special or local Acts....


Mandatory injunction

Mandatory injunction. Such an injunction is an order requiring the defendant to do some positive act for the purpose of putting an end to the wrongful state of things created by him, or otherwise in fulfilment of his legal obligation (Specific Relief Act, s. 39). An injunction requiring the performance of some Act, e.g., the removal of a building or obstruction; see R.S.C. Ord. L., r. 6, and notes in A.P....


Snow

Snow. Nuisances arising from snow may be pre-vented by bye-laws of local authorities under s. 81 of the (English) Public Health Act, 1936, but, in case of conflict, a regulation under the London Traffic Act, 1924, s. 10, is to prevail over any bye-law. If any obstruction shall arise in any highway from accumulation of snow, the surveyor is required from time to time, and within twenty-four hours after notice thereof from any justice of the peace of the county in which the parish may be situate, to cause the same to be removed, by s. 26 of the (English) Highways Act, 1835: Chitty's Statutes, tit. 'Highways.' Snow is included in the 'street refuse' which London sanitary authorities must, as far as reasonably practicable, remove from the street, by s. 86 of the (English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50); Chitty's Statutes, tit. 'Public Health (Metropolis)'; but the fine up to 20l. was held to be the only liability o the authority if in default, Saunders v. Ho...


Telegraphs

Telegraphs. See the Telegraph (Construction) Acts, 1863 to 1925, by which provisions are made for transferring telegraphs to the Postmaster-General. Telegraph means a wire or wires used for the purpose of telegraphic communication, with any casing, coating, tube, or pipe inclosing the same, and any apparatus connected therewith for the purpose of telegraphic communication, and any apparatus for transmitting messages or other communications by mans of electric signals (Acts of 1863, s. 3, and 1869, s. 3). This definition includes telephones. The destruction or removal of an electric telegraph or the obstruction of message is a misdemeanour by the Malicious Damage Act, 1861, ss. 37, 38 and as to offences in regard to telephones, see Post Office Act, 1935 (25 & 26 Geo. 5, c. 15). See WIRELESS TELEGRAPHY. As to the monopoly possessed by Government by means of the exclusive privileges given by the Acts to the Postmaster-General, see Postmaster-General v. National Telephone Co., 1909, AC 269...


Thames

Thames. See (English) Thames Conservancy Act, 1894 (57 & 58 Vict. c. clxxxvii.); defined in s. 3 as meaning and including:-So much of the rivers Thames and Isis respectively as are between the town of Cricklade and an imaginary straight line drawn from the entrance to Gantlet creek in the county of Kent to the City stone opposite to Canve Island in the county of Essex and so much of the river Kennet as is between the Common landing-place at Reading in the county of Berks and the river Thames and so much of the river Lee and Bow creek respectively as are below the south boundary stones in the Lee Conservancy Act, 1868, mentioned and all locks, cuts, and works within the said portions of rivers and creeks:Provided that no dock, lock, canal, or cut, existing at the passing of this Act and constructed under the authority of Parliament and belonging to any body corporate established under such authority, and no bridge over the river Thames or the river Kennet belonging to or vested in any c...


Window cleaning

Window cleaning. In urban districts, by s. 171 of the Public Health Act, 1875, incorporating s. 28 and other sections of the (English) Town Police Clauses Act, 1847:-Every occupier of any house or other building or other person who orders or permits any person in his service to stand on the sill of any window in order to clean paint, or perform any other operation on the outside of such window, or upon any house or other building . . . unless such window be in the sunk or basement story.Is, if the offence be in any street and to the obstruction, annoyance or danger of the residents, liable to fine up to forty shillings or to imprison-ment up to fourteen days, and any constable of the district is directed to take him into custody without warrant and forthwith convey him before a justice of the peace if the offence shall have been committed within his view.As to requirements in buildings in the Metropolis, see London Building Acts, and see LIGHT....


Guillotine

Guillotine, is an instrument for beheading, Webster's American Dictionary, p. 849.Is a method of preventing obstruction by fixing times at which parts of Bill must be voted on, The Concise Oxford Dictionary, H.W. Fowler and F.G. Fowler, p. 548.Is the most drastic method of curtailing debate in a legislature, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 410.In the House of commons, guillotine can be applied only after passing a motion for the purpose in the House. It is applied to the various stages of Bills and in designed to expedite their passage by means of a time table allotting a certain number of days to the different stages of the Bill and at the end of the allotted time the question under consideration is put without any further debate, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 335.Which is a colloquial term, is technically known as 'allocation of time orders', Parliamentary Dictionary, L.A. Abraham and SC. Hawtrey...


Wreck

Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...


Wrongful restraint

Wrongful restraint, Whoever voluntarily obstructs any person so as the prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. (Indina Penal Code, s. 339)Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.Exception.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. (Indian Penal Code, s. 339)...


Hire

Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...



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