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Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Burial
Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right to be buried in a particular vault or place, a faculty must be obtained from the ordinary, as in the case of a pew; or a man may prescribe that he is occupier of an ancient messuage in a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In Bryan v. Whistler, (1828) 8 B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed.Burial must not take place except after the Registrar of Births, Deaths or Marriages has issued his certificate of death or by order of a Coroner, see 16 & 17 Geo. 5, c. 48. See CORONER.A clergyman may be prosecuted in the Ecclesia...
Denatured alcohol
Denatured alcohol, means any dutiable alcoholic liquor which has been subjected to the process of being mixed in the prescribed manner with a prescribe substance, Finance Act, 1995, s. 5(2)....
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Interpretation Act, 1889 (English)
Interpretation Act, 1889 (English) (52 & 53 Vict. c. 63). A most important statute, repealing and re-enacting Lord Brougham's Act of 1850 (13 Vict. c. 21), 'for shortening the language used in Acts of Parliament' and other similar Acts, and further shortening such language. By this Act, in Acts passed after 1850, words importing the masculine gender include females, words in the singular include the plural, and words in the plural include the singular; also, definitions are provided of 'month,' 'land,' 'parish' (see those titles), and other terms.The Act also provides that:-In this Act and in every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Act shall be binding on the Crown (s. 30).Statutory powers to make rules, etc., may be exercised from time to ti...
Land Commissioners
Land Commissioners, the title by the (English) Settled Land Act, 1882, s. 48, of the Commissioners formerly called 'The Copyhold Inclosure and Tithe Commissioners.' By s. 26 of that Act, a certificate of these Commissioners that an 'improvement' within that Act has been effected is, in the absence of an Order of the Court, an authority to trustees to pay for the improvement out of 'capital money,' and by s. 28 a tenant for life must maintain and repair an 'improvement' at his own expense during such period, if any, as the Commissioners by certificate in any case prescribe.All powers and duties of the Land Commissioners were transferred to the Board of Agriculture by the (English) Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30)....
Maintenance of standards
Maintenance of standards, Power to maintain standards in the course of studies confers authority not merely to prescribe minimum qualifications for admission, courses of study, and minimum attendance at an institution which may qualify the student for admission to the examination, etc., but also authority to refuse to grant a degree, diploma, certificate or other academic distinction to students who fail to satisfy the examiners at the final examination, and to direct that a student who is proved not to have the ability or the aptitude to complete the course within a reasonable time to discontinue the course, University of Mysore v. Gopala Gowda, AIR 1965 SC 1932 (1935): (1965) 3 SCR 229....
Order in Council
Order in Council, an order made by the Sovereign 'by and with the advice of His Majesty's Privy Council.' Such orders are now largely used for the purpose of completing the Administrative part of Acts of Parliament. The Government of the day is responsible for them, and they are usually issued in a complete form from the administrative department concerned, the authorization by the Privy Council being a mere formality. As pointed out by Lord Parker in The Zamora (1916) 2 AC 90, neither the King in Council nor any branch of the Executive has power to prescribe or alter the law by Order in Council, save when expressly authorized by statute. See STATUTORY RULES....
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
Emigration of poor persons
Emigration of poor persons. See Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 68, by which the council of any county or county borough may, with the consent of the Minister of Health, and in compliance with such rules, orders, and regulations as he may prescribe, procure, or assist in procuring the emigration of, any orphan or deserted child under 16 who is chargeable to the county or county borough; any poor person who is chargeable, or would be, if relieved, be chargeable to the county or county borough; any poor person having a settlement in the county or county borough. In the case of an orphan or deserted child the child must give its consent before a petty criminal court....
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