Park - Law Dictionary Search Results
Home Dictionary Name: park Page: 2Deer-leap, or deer's-leap
Deer-leap, or deer's-leap. The term apparently means two things: (1) generally, a strip running outside the paling of an ancient park, its breadth being the supposed distance a deer could leap; (2) a right enjoyed by the owner of a park which adjoins a forest or chase to maintain a high bank from which the deer out of the forest or chase could leap down into his park and be unable to get back again-in fact, a species of deer-trap. See Notes and Queries, Sec. Series, vol. iii., p. 195; Third Series, vol. xii., p. 186. Hence it is sometimes identified with freeboard, which see....
Development work
Development work, construction of the under-ground market is not intended and meant to destroy the intrinsic character of a public park but on the contrary, the scheme is to re-locate and re-develop the park as a public park as a place for public recreation. Construction of underground market is held to be development work, Calcutta Youth Front v. State of West Bengal, AIR 1988 SC 436 (439). [Calcutta Municipal Corporation Act, 1980 (59 of 1980), s. 353(2) Expl.]Development works, construction of schools, hospitals and community centres and other community buildings do not come within the purview of the term 'development works', D.L.F. Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622 (634). [Haryana Development and Regulation of Urban Areas Rules 1976, R. 2(b)]...
In all respects
In all respects, means in a contract, by the owner of a park, allowing the car owners to park their cars in the private property of the park-owner, he stipulated that he would not be responsible for the safe custody of any cars or articles therein nor for any damage to the cars or articles, however caused, nor for any injuries to any persons, all cars being left in all respect entirely at their owners.The expression 'in all respects' was interpreted wide enough to show that whatever might be done with regard to that car, the owner took the risk of its happening or of its being done. The position, therefore, would be that he should not hand over the car to any body but the true owner, and if the servant in the performance of the duty performs it negligently, and, acting under a misapprehension which a little more care might have prevented, hands over the car to the wrong person, that is one of the risks which on the true construction of documents, the car-owner took, Asbhy v. Tolhurst, ...
Planning
Planning, as that term is used in connection with community development is a generic term, rather than a word of art, and has no fixed meaning. Broadly speaking, however, the term connotes the systematic development of a community or an area with particular reference to the location, character, and extent of streets, squares, and parks, and to kindred mapping and charting, American Jurisprudence, 2nd (Vol. 82, at p. 388).Planning, connotes a systematic development contrived to promote the common interest in matters, embraced within the police power, with particular reference to the localities, character, and extent of streets, squares, parks, and to kindred mapping and charting, Manaklal Chottebai v. M.G. Makwana, (1968) 1 SCJ 379.Laws dealing with development planning are indis-pensable to sanitation and healthy urbanization. Development planning comprehensively takes care of statutory, manual, administrative and land-use laws hand in hand with architectural creativity. In the words o...
Dispark
To throw a park or inclosure to treat a private park as a common...
Mansion-house
Mansion-house, a dwelling-house.-3 Inst. 64. See (English) LIMITED OWNERS RESIDENCES ACT. The (English) Settled Land Act, 1882 (45 & 46 Vict. c. 38, gave (see SETTLED LAND) a tenant for life a power to sell settled land, but by s. 10 of the (English) Settled Land Act, 1890, repealing and re-enacting, with amendments, s. 15 of that Act, the 'principal mansion-house' (unless it be usually occupied as a farmhouse, or its site with its park, etc., do not exceed twenty five acres in extent) was not to be sold, exchanged, or leased by such tenant for life without the consent of the trustees of the settlement, or the order of the Chancery Division of the High Court. Now, by the (English) Settled Land Act, 1925, under settlements made after 1925, the mansion and park may be sold without the consent of the trustees or leave of the Court unless the settlement otherwise provides. For discussion on the meaning of the term 'the principal mansion-house,' see Gilbey v. Rush, (1906) 1 Ch 11....
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Qualification Act (English)
Qualification Act (English) (22 & 23 Car. 2, c. 25), by which any person not having freehold land of the yearly value of 100l., or for his life or for 99 years or more of the yearly value of 150l. other than the son and heir of an esquire or person of higher degree, or owners of parks or warrens, stocked with deer or conies for their necessary use in respect of the said parks and warrens,' was prohibited from having 'guns, bows, greyhounds, setting-dogs, ferrets, coney-dogs, lurchers, bags, nets, loubels, hare-pipes, gins, snares, or other engines,' for taking game-repealed, with many other Acts, by the Game Act, 1831. See GAME....
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
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