Palmer S Act - Law Dictionary Search Results
Home Dictionary Name: palmer s actPalmer'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....
Hinde Palmer's Act
Hinde Palmer's Act. The Administration of Estates Act, 1869 (32 & 33 Vict. c. 46), which abolished the priority of specialty (see SPECIALTY) over simple contract debts in the administration of the estates of persons dying after 1st January, 1870. The Act has been replaced and reproduced by the Administra-tion of Estates Act, 1925, s. 32....
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
Specialty debts
Specialty debts, bonds mortgages, debts, secured by writing under seal, and recoverable at anytime within twenty years, by virtue of s. 3 of the (English) Civil Procedure Act, 1883 (3 & 4 Wm. 4, c. 42); they formerly ranked in the administration of the estate of a deceased person in priority to simple contract debts; but this distinction was abolished by the Administration of Estates Act, 1869, 'Hinde Palmer's Act,' replaced by the (English) Administration of Estates Act, 192, ss. 32 and 34....
Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
Debenture
Debenture [fr. debeo, Lat., to owe] may be defined generally as a charge in writing [not necessarily sealed, see British India, etc., Co. v. Commissioners of Inland Revenue, (1881) 7 QBD 165] of certain pro-perty with the repayment at a time fixed of money lent by person therein named at a given interest, but the term is a very elastic one. The word 'debenture' is of ancient origin and appears to have been in use five centuries ago (Palmer's Company Precedents, Pt. III., p. 1); and a document which, though it mentions to security and is only a promise to pay, is properly described as a debentures, and as a marketable security will require to be stamped as such, Spenyer v. Inland Revenue Commissioners, (1907)1 KB 246. By the (English) Companies Act, 1929, s. 380, a debenture is defined as including debenture stock, bonds or other securities of a company whether constituting a charge on the assets of the company or not. The charge created by debentures as a rule is fixed on the company's...
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
Contribution
Contribution, to any fund shall not include any sums in repayment of loan. [Income-tax Act, 1961 (43 of 1961), s. 80C(8)(ii)]Means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act. [Employees' State Insurance Act, 1948 (34 of 1948), s. 2(4)]The word 'contribution' used in the proviso must also be given its due meaning. It cannot be understood as donations. If that be so, a voluntary contribution cannot amount to a compulsive donation. If the donor, in order to gain an advantage or benefit, if he apprehends that but the contribution some adverse consequence would follow, makes a donation certainly it ceases to be voluntary, Municipal Corpn. of Delhi v. Children Book Trust, AIR 1992 SC 1456 (1472): (1992) 3 SCC 390. [Delhi Municipal Corporation Act, 1957, (66 of 1957), s. 115(4)(a), Proviso]The performance by each of two or more pers...
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