Proper Officer - Law Dictionary Search Results
Home Dictionary Name: proper officer Page: 2Precept
Precept, a rule authoritatively given; a mandate: (1) A command in writing by a justice of the peace or other officer, for bringing a person or record before him; the direction of the sheriff to the proper officer to proceed to the election of members of Parliament; a command to a sheriff to empannel a jury; also a provocation whereby one incites another to commit a felony.(2) Under the Rating and Valuation Act, 1925, as amended by the Local Government Act, 1929, the mandate, styled 'precept to be sent' by the precept-ing authority to the rating authority to levy the general rate to a specified amount; and see Local Government Act, 1933, s. 193, for power of a parish council to issue precepts to its rural district council to meet certain expenses....
Battery
Battery [batterie, Fr., fr battre, to beat], beating and wounding. This, in law, includes every touching or laying hold, however trifling, of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or that it was the correcting of a child by its parent, or the punishment of a criminal by the proper officer, or that the prosecutor assaulted or beat the defendant first, and that the defendant committed the alleged battery merely in his own defence as to the criminal proceedings for battery, see (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), ss. 42, 43. See ASSAULT.Battery, includes even the slightest force, no actual harm need result, it is actionable per se, Kenlin v. Gardiner, (1967) 2 QB 510; Fagan v. Metropolitan Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524.Means a crime and...
Authentication
Authentication, an attestation made by a proper officer by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed so to do....
Smuggling
Smuggling, the offence of importing prohibited Articles, or of defrauding the revenue by the introduction of Articles into consumption without paying the duties chargeable upon them. It may be committed indifferently either upon the excise or customs revenue.The crime of importing or exporting illegal articles or articles on which duties have not been paid, Black's Law Dictionary, 7th Edn., p. 1394.Smuggling is restrained by the statutes relating to the Customs, and in particular by the Customs Consolidation Act, 1876.In relation to any goods, means any act or omission which will render such goods liable to confiscation under s. 111 or s. 113. [Customs Act, 1962 (52 of 1962), s. 2 (39)]The general concept of smuggling contains two elements: one, the bringing into India of goods the import of which is prohibited; and two, the bringing, into the country's trade stream, of goods the import of which is permitted without paying the customs duties with which they are chargeable. The second e...
Indictment
Indictment [fr. indico, Lat., to show], a written accusation against one or more persons of a crime formerly preferred to and presented upon oath by a grand jury. Grand juries were partly abolished by the Administration of Justice (Miscellaneous Pro-visions) Act, 1933 (23 & 24 Geo. 5, c. 36). The bill of indictment is now preferred by any person before a court in which a person charged may lawfully be indicted, and the proper officer shall, if the requirements have been complied with, sign the bill and it shall thereupon become an indictment. But bills of indictment may be preferred before grand juries of the Counties of London and Middlesex by virtue of certain enactments set out in the 1st Schedule (high treason and certain other offences tribal in the King's Bench Division). Indictments were of a highly technical character until simplified by the Indictments Act, 1915, which directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Pro...
Impressed stamp
Impressed stamp, includes--(a) labels affixed and impressed by the proper officer, and(b) stamps embossed or engraved on stamped paper. [Indian Stamp Act, 1899 (2 od 1899), s. 2 (13)]...
Entry
Entry, the depositing of a document in the proper office or place; actual entry on land is necessary to constitute a seisin in deed, and is necessary in certain cases, as, e.g., to perfect a common-law lease.When a person without any right has taken posses-sion of land, the party entitled may make a formal but peaceable entry, which is quite an extra judicial and summary remedy, on such lands, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture by the lord; or he may enter on any part of it in the same county, declaring it to be in the name of the whole; but if it lie indifferent counties, he must make different entries. This remedy by entry takes place in three only of the five species of ouster-viz., abatement, intrusion, and disseisin; for as in these the original entry of the wrongdoer was unlawful, they may therefore be remedied by the mere entry of him who has right. But upon a discontinuance or deforcement, the owner...
Emancipation
Emancipation. A solemn act by which a pater-familias divests himself of his power over his filius-familias, so that the filus-familias may become sui juris. There are three forms of emancipatio: (1) The old emancipation, which was by several man-cipationes, followed by several enfranchisements. The man-icipatio, or solemn sale, destroyed the patria potestas and put the filius familias in mancipio, which was a kind of slavery. The enfranchisement by the purchaser made the filius-familias sui juris. As the enfranchiser acquired all rights of patronage, the father, on occasion of the last mancipatio, added the trust-clause (fiducia contracta), i.e., an express condition that the purchaser should remancipate the filius-familias to the pater-familias, so that having ceased to be a pater-familias, and being only an ordinary purchaser, he might enfranchise his child, and so acquire the rights of patronage.(2) The Anastasian emancipation, introduced by Anastasius. It consisted in obtaining an ...
Double or treble costs
Double or treble costs have been frequently granted by statute, e.g., to successful defendants in actions for irregular distress, by the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 20. The true mode of estimating the amount of double costs was first to allow the successful party the single costs, including the expenses of witnesses, counsel's fees, etc., and then allow him one-half of the amount of the single costs, without deducting counsel's fees, etc. Treble costs consisted of the single costs, half the single costs, and half of that half. But the public statutes prior to 1842 which gave these costs were repealed by the (English) Limitations of Actions and Costs Act, 1842 (5 & 6 Vict. c. 97), popularly called 'Pollock's Act,' which enacted that the successful party should be entitled only to full and reasonable costs, to be taxed by the proper officer-an enactment repealed in its turn by the (English) Public Authorities Protection Act, 1893 (see that title)....
Cuinage
The stamping of pigs of tin by the proper officer with the arms of the duchy of Cornwall...
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