S 104 - Law Dictionary Search Results
Home Dictionary Name: s 104Billeting 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.'...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Assignment
Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)]'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)]A transfer of an estate or interest in property. The usual operative verb is 'assign,' but any other word indicating an intention to make a complete transfer, e.g., 'convey,' will amount to an assignment.Assignment by Lessor or Lessee, Effect of. A lessor, notwithstanding assignment of his reversion, continues liable to his lessee on covenants running with the land, Stuart v. Joy, 1904 (1) KB 362, and so does a lessee to his lessor, notwithstanding assignment of his term, Barnard v. Godscall, (1613) Cro. Jac. 309. The assignee of a term is liable equally with the lessee (though the lessor cannot recover against both) during his possession, but unle...
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
Queen's Remembrancer
Queen's Remembrancer, an officer on the revenue side of the Court of Exchequer. See the (English) Queen's Remembrancer Act, 1859 (22 & 23 Vict. c. 21), and the (English) Crown Suits Act, 1865 (28 & 29 Vict. c. 104). He became an officer of the Supreme Court by the (English) Jud. Act, 1873, s. 77....
Retail
Retail, to sell goods in small parcels and not in gross. For the purpose of the Licensing Acts, retail of spirits is a sale of less than two gallons (Spirits Act, 1880, s. 104), of wine, of less than two gallons, or one dozen quart bottles (Refreshment Houses Act, 1860, s. 4), and of beer or cider, of less than four gallons and a half. [(English) Beer-house Act, 1834, s. 19]The sale of goods or commodities to ultimate consumers, as opposed to the sale for further distribution or processing, Black's Law Dictionary, 7th Edn., p. 1317...
Attributable to
Attributable to, the expression 'attributable to' is certainly wider in import than the expression 'derived from', Cambay Electric Supply Industrial Co v. CIT, AIR (1978) SC 1099 (1105): (1978) 2 SCC 644. [Income-tax Act, (43 of 1961) s. 80E]Words 'attributable to' have a wider meaning than the words 'derived from'. But at the same time it cannot be ignored that normally the word 'attributable' implies that' for a result to be attributable to anything it must be wholly, or in material part, caused by that thing', India Leather Corpn (P) Ltd v. CIT, (1997) 10 SCC 115 (118). [Income-tax Act, 1981, s. 104 (4) Expln.]...
Dock
Dock [fr. docke, Fle., a bird-cage], (1) the place in a Court of criminal law in which a prisoner is placed during his trial, and from which he may instruct counsel without the intervention of a solicitor; (2) an enclosed space, either dry or filled with water, in which a ship is repaired, loaded, or unloaded. In this last sense a 'dock' is a factory within the Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), s. 104. For regulations regarding loading and unloading, see the (English) Docks Regulations, 1934 (S. R. & O. 1934, No. 279), and the (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), ss. 2-10, in regard to sanitation and health....
Habeas corpora juratorum
Habeas corpora juratorum, Law Latin (that you have the bodies of the jurors), a process which issued out of the Court of Common Pleas, commanding the sheriff to summon a jury. The practice was similar to the distringas from the King's Bench and Exchequer for the same purpose. Abolished by C.L.O. Act, 1852, s. 104.Is a writ or order requiring that a prisoner be brought before a court at a stated time and place to decide the legality of his detention or imprison-ment, Webster American Dictionary, p. 856.Commands the Judge of the inferior court to produce the body of the defendant with a statement of the cause of his detention, to do and to receive what-ever the higher court shall decree, A Dictionary of Law, William C. Anderson, 1889, p. 500.Is a high prerogative writ of English Common Law, Habeas Corpus Act of 1979 and 1816 are basis of security for the enjoyment of personal freedom, Webster American Dictionary, p. 856.In India every High Court is empowered to issue the prerogative writ...
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