S 102 - Law Dictionary Search Results
Home Dictionary Name: s 102Bakehouse
Bakehouse. Any place in which are baked bread, biscuits, or confectionery from the baking or selling of which a profit is derived. ss. 97-102 of the consolidating (English) Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), contain various sanitary provisions for the regulation of bakehouses, as defined above in Part II of Sched. VI of the Act. S. 98 enables a Court of Summary Jurisdiction to fine the occupiers of in sanitary bakehouses and to order them to remove the ground of complaint of an inspector or district council. Limewashing, painting or varnishing are prescribed by s. 99, sleeping-places must be specially constructed as required by s. 100. By s. 101 underground bake-houses may not be used without a district council certificate, and by s. 102 it is for the district council to enforce these provisions as to retail bakehouses....
Installation of machinery
Installation of machinery, when an engine is fixed in a vehicle it is within the meaning of the expression in cls. (vi) and (via), Commissioner of Income Tax v. Mir Mohd. Ali, AIR 1964 SC 1693: (1964) 7 SCR 846. [Income Tax Act, 1922, s. 102(vi), s. 102(via)]...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Advertisement
Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence w...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Receipt
Receipt, an acknowledgment in writing of having received a sum of money, which is prima facie but not conclusive evidence of payment, Skaife v. Jackson, (1824) 3 B&C 421.The act of receiving something; a written acknow-ledgment that something has been received, Black's Law Dictionary, 7th Edn.A stamp duty first imposed in 1783 was progressively ad valorem, until 1853, when the uniform 1d. rate was imposed; this was increased to 2d. by the Finance Act, 1920.For the purposes of the Stamp Act, 1891, the expression 'receipt' is defined (s. 101) as including--(1) Any note, memorandum, or writing whereby any money amounting to two pounds or upwards, or any bill of exchange or promissory note for money amounting to two pounds or upwards, is acknow-ledged or expressed to have been received or deposited or paid, or whereby any debt or demand, or any part of a debt or demand, of the amount of two pounds or upwards, is acknowledged to have been settled, satisfied, or discharged, or which signifie...
Reward
Reward, a recompense for anything done.Something of value, usu. money, given in return for some service or achievement, such as recovering property, or providing information that leads to capture of a criminal, Black's Law Dictionary, 7th Edn., p. 1321.By the (English) Criminal Law Act, 1826, s. 28, the Courts may order the sheriff of the county, in which certain offences have been committed, to pay the person active in or towards the apprehension of persons charged with felonies a reasonable sum to compensate for expense, exertion, and loss of time, and by s. 30, if a man be killed in attempting to take such offenders the Court may order compensation to his wife or relatives. See Archbold, Crim. Pleading, etc., 25th Edn., pp. 276 et seq.Corruptly taking a reward for helping to the recovery of stolen property without exercising all due diligence to cause the offender to be brought to trial is punishable by penal servitude up to seven years. [(English) Larceny Act, 1916, s. 34, and cf. ...
Billeting soldiers
Billeting soldiers, finding quarters for them. This is regulated by Part III. Of the (English) Army Act, which replaces the Annual Mutiny Acts. See ARMY. In case of emergency it may be extended to the (English) Navy; see the Naval Billeting, etc., Act, 1914 (4 & 5 Geo. 5, c. 70).Billeting on any inhabitant of the realm without his consent is illegal by 3 Car. 1, c. 1, and other Acts, but s. 102 of the Army Act annually suspends these Acts, and s. 104 obliges constables to provide billets. s. 104 subjects all innkeepers, etc., to the billets, and exempts private houses. The accommodation to be provided is very precisely laid down by s. 106 and Schedule II., as amended from time to time; the maximum remuneration is fixed by the Army Annual Act, which is passed every year. See Chitty's Statutes, tit. 'Army.'...
Stolen goods
Stolen goods. As to restitution, see (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 45, and Arch Cr. Pr., 1934, pp. 293 et seq.Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner of the goods or his personal representative, notwithstanding any intermediate dealing with them, whether by selling in market overt (see that title) or otherwise; but if obtained by fraud, etc., not amounting to larceny, aliter, Sale of Goods Act, 1893, s. 24. S. 102, Larceny Act, 1861, prohibits advertising a reward for the return of any property either lost or stolen and intimating that no questions will be asked without apprehension of the person returning the property, under a penalty of 50l.As to the crime of 'receiving' goods knowing them to have been stolen, see RECEIVER OF STOLEN PROPERTY....
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