S 12 - Law Dictionary Search Results
Home Dictionary Name: s 12Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Person entitled to sell or procure the sale
Person entitled to sell or procure the sale, the expression 'person entitled to sell, or procure the sale' in s. 12(2) is merely descriptive of the person who is accountable under the said provision. The expression does not restrict the operation of the Act to the persons who have not yet sold the goods. The persons who have exported the goods to a foreign buyer are also excluded under s. 12(2). This conclusion is reinforced if clauses (a) and (b) of s. 12(2) are taken into account. It is also in consonance with the avowed object of s. 12 which is to ensure that the nation does not lose foreign exchange, M.G. Wagh v. Jay Engineering Works Ltd., AIR 1987 SC 670: (1987) 1 SCC 542: (1987) 1 SCR 798 [FERA, 1947, s. 12 (2)]...
Roman Catholics
Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
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...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
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