Provided Always - Law Dictionary Search Results
Home Dictionary Name: provided always Page 1 of about 55 results ( seconds)Provided always
Provided always, generally refers to and qualifies what has preceded, Martelli v. Hollowdy, LR 5 HL 532....
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
Musician, London
Musician, London. The (English) Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55, 'Bass's Act' [Chitty's Statutes, tit. 'Police (Metropolis)'], repealing and strengthening the provisions of s. 57 of the (English) Metropolitan Police Act, 1839, enacts that any householder within the metropolitan police district, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits of any inmate of such house, or for other reasonable or sufficient cause;And every person who shall sound or play upon any musical instrument or shall sing in any thoroughfare or public place near any such house after being so required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for an...
Stage-play
Stage-play. It is enacted by the (English) Theatres Act, 1843 (see THEATRE), s. 23, that:-In this Act the word 'stage-play' shall be taken to include every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage, or any part thereof: provided always, that nothing herein contained shall be constructed to apply to any theatrical representation in any booth or show which by the justices of the peace, or other persons having authority in that behalf, shall be allowed in any lawful fair, feast, or customary meeting of the like kind.See Wigan v. Strange, (1865) LR 1 CP 175...
Wager
Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate definition of 'wagering contract' in Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, by Hawkins. J.1. Money or other consideration risked on an uncertain event; a bet or gamble 2. A promise to pay money or other consideration on occurrence of an uncertain event, Black's Law Dictionary, 7th Edn., p. 1573.At Common Law a wager was a legal contract, which the courts were bound to enforce, so long as it was not against morality, decency, or sound policy, Johnson v. Lumley, (1852) 12 CB 468. But by the (English) Gaming Act, 1845, s. 18:All contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall ...
To be secured
To be secured, means when a bequest is made of an annuity 'to be secured to the annuitant, it does not mean that such a legatee must be given something in the nature of mortgage security. An annuity can be secured by appropriating a sufficient part of the estate to meet it..... sufficient, e.g. always 'to provide for payment', Stratheden (in re:) etc., (1893) 9 TLR 455....
Middlesex, Bill of
Middlesex, Bill of, a writ anciently resorted to by the Court of King's Bench, in order to enlarge its jurisdiction in civil causes, which was formerly confined to actions of trespass, or other injury alleged to have been committed vi et armis. But it might always hold pleas of any civil action other than actions real, provided the defendant was an officer of the Court, or in the custody of the marshal, or prison-keeper of the Court. in proceedings against prisoners or officers of the Court, the actions were said to be commenced by bill, in all other cases by original writ. See 3 Bl. Com. 285; App. xviii. Both are abolished by 2 Wm. 4, c. 39...
War Office
War Office, the address and offices of the Secretary of State for War and Army Council.A child under guardianship. A ward of Court is an infant under the protection of the High Court. An infant is constituted a ward of Court by an action relating to his estate; by an order made on an application for the appointment of a guardian; or by a payment into Court under the Trustee Act, 1925, s. 63; or inan administration action, to which he is party, see Brown v. Collins, (1884) 25 Ch D 56. The control of the Court ceases when the infant comes of age, Bolton v. Bolton, (1891) 3 Ch 270; see Seton on Judgments; Dan. Ch. Pr.; Simpson on Infants. See INFANT.Also, an electoral subdivision of a borough for the purposes of the local government elections [(English) Local Government Act, 1933, ss. 24 to 30]. In boroughs divided by wards, an alderman or, in some cases, a councillor, not the mayor, is returning officer (s. 28). As to district councils, see ss. 36 and 37. Parishes may be divided into war...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
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