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Royal Mines - Law Dictionary Search Results

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Royal mines

Royal mines, gold and silver mines; the Crown has a right of pre-emption of any gold or silver found in mines of copper, tin, iron, or lead, by virtue of 1 & 2 W. & M. sess. 1, c. 30, s. 4; 5 & 6 W. & M. c. 6; and 55 Geo. 3, c. 134....


Gold-mines

Gold-mines, a branch of the ordinary revenue of the kingdom. By 1 W. & M. st. 1, c. 30, and 5 W. & M. c. 6, amended by 55 Geo. 3, c. 134, it is enacted that no mines of copper, tin, iron, or lead shall be looked upon as royal mines, notwithstanding gold or silver may be extracted from them in any quantities; but that the sovereign, or persons claiming under his authority, may have the ore (other than the tin ore in Devon and Cornwall) at a price stated in the Act.As to the transfer of gold and silver mines in the County Palatine of Durham to the Crown, see 6 & 7 Will. 4, c. 19 and 21 & 22 Vict. c. 45...


Benefit of clergy

Benefit of clergy [privilegium clericale, Lat.], an arrest of judgment in criminal cases. The origin of it was this: Princes and states, anciently converted to Christianity, granted to the clergy very bountiful privileges and exemptions, and particularly an immunity of their persons in criminal proceedings before secular judges. The clergy, afterwards increasing in wealth, number, and power, claimed this benefit as an indefeasible right, which had been merely a matter of royal favour, founding their principal argument upon this text of Scripture: 'Touch not mine anointed, and do my prophets no harm.' They obtained great enlargements of this privilege, extending it not only to persons in holy orders, but also to all who had any kind of subordinate ministration in the church, and even to laymen if they could read, applying it to civil as well as criminal causes. These exemptions at length grew so burthensome and scandalous, that the legislature from time to time interfered, by making par...


Dean, forest of

Dean, forest of. An ancient royal forest in the county of Gloucester. As to the mines therein, see 1 & 2 Vict. c. 43, and 24 & 25 Vict. c. 40. See Nicholls' Forest of Dean....


Royalty

Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...


Woman

Woman, the word 'woman' denotes a female human being of any age. (Indian Penal Code, s. 10)By the (English) Interpretation Act, 1889, s. 1, reproducing 13 & 14 Vict. c. 21, s. 3, words in any Act of Parliament passed after 1850 importing the masculine gender include females unless the contrary intention appears. Women became qualified to be registered as apothecaries by the Apothecaries Amendment Act, 1874 (37 & 38 Vict. c. 34), s. 5; as surgeons by the College of Surgeons Act, 1875 (38 & 39 Vict. c. 43), s. 2; and as medical practitioners by the Medical Amendment Act, 1876 (39 & 40 Vict. c. 41), s. 1, and see infra.The Sex Disqualification (Removal) Act, 1919, s. 1, provides that a person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorp...


Company

Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...


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