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Public Nuisance - Law Dictionary Search Results

Home Dictionary Name: public nuisance Page: 4

By-laws, or bye-laws

By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...


abate

abate abat·ed abat·ing [Old French abattre, literally, to knock down, from a-, prefix stressing result + battre to beat] vt 1 a : to put an end to or do away with [ a nuisance] b : make void : nullify [ an action] 2 : to reduce in amount esp. proportionately [ a tax] vi 1 : to become defeated or become null or void [when a public officer is a party to an appeal…in an official capacity and during its pendency dies…the action does not "Federal Rules of Appellate Procedure Rule 43"] 2 : to decrease in amount or value [the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all of the bequests and devises may have to be abated to make up the deficit. Under the Uniform Probate Code, property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate...


Annoisance or Annoyance

Annoisance or Annoyance [fr. annoiare, It.; ennuter, Fr.], any hurt done to a place, public or private, by placing anything thereon that may breed infection, or by encroachment, or such-like means. It is the same as noisance or nuisance, 22 Hen. 8, c. 5....


Fireworks

Fireworks. The making and selling of fireworks and squibs, or throwing them about in the street, was declared to be a common nuisance by the repealed 9 Wm. 3, c. 7. See also (English) Metropolis Police Act (2 & 3 Vict. c. 47), s. 54, and 9 & 10 Vict. c. 25. By 23 & 24 Vict. c. 139, 24 & 35 Vict. c. 130, and 25 & 26 Vict. c. 98, provisions were made for regulating the manufacture, sale, and use of firework, but these have now been repealed, and the law relating to this subject amended by the (English) Explosives Act, 1875 (amended by the Explosives Act, 1923). Any person throwing, casting, or firing any fireworks in or into any highway, street, or public place is liable to a penalty not exceeding 5l. (s. 80 of the Act of 1875). And see SQUIBS....


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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