S 143 - Law Dictionary Search Results
Home Dictionary Name: s 143Infectious diseases
Infectious diseases. It is an indictable offence to expose in a public frequented highway a person suffering from an infectious disorder, R. v. Vantandillo, (1815) 4 M. & S. 73. The (English) Public Health Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 49), ss. 143 to 180, repealing (from October, 1937) ss. 120-143 of the (English) Public Health Act, 1875, contains various provisions calculated to prevent the spread of dangerous infectious diseases.Notification.--The (English) Public health Act, 1936, also repeals (from October, 1937) the (English) Infectious Diseases Notification Act, 1889 (52 & 53 Vict. c. 72), and enjoins the notification to the Medical Officer of Health of the district of certain specific diseases therein named, and also of other diseases added to the list by the local authority, s. 343 enacting that 'notifiable disease.'--Means any of the following diseases, namely, small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fe...
Quarantine, or Quarentaine
Quarantine, or Quarentaine. 1. By Magna Carta, the widow shall not be distrained to marry afresh, if she choose to live without a husband, but she shall not, however, marry against the consent of the Lord; and nothing shall be taken for assignment of her dower, but she shall remain in her husband's capital mansion-house for forty days after his death, during which time her dower shall be assigned. These forty days are called the widow's quarantine. Marriage during these forty days forfeits the dower. This right was enforced by writ of Quarantina habenda. See 1 Steph. Com.2. A quantity of land containing forty perches, Leg. Hen. I., c. 16.3. A regulation by which communication with persons, ships, or goods arriving from places infected with the plague, or other contagious disease, or liable thereto, is interdicted for a certain period. The term is derived from the Italian quaranta, forty; it being supposed, that if no infectious disease break out within forty days or six weeks, no furth...
Cholera Act
Cholera Act (2 Wm. 4, c. 10), continued by 3 & 4 Wm. 4, c. 75. It has expired, and has not been revived; but the (English) Public health Act, 1936, s. 143, replacing s. 134, (English) P. H. Act, 1875, gives power to the Minister of Health to make regulations for the prevention of 'any epidemic disease.'...
Defeasance (defeasance)
Defeasance (defeasance) [fr. defaire, Fr., to undo], a collateral deed accompanying another, providing that upon the performance of certain matters an estate or interest created by such other deed shall be defeated and determined.A defeasance should recite the deed to be defeated and its date, and must be made between the same parties as are interested in the recited deed or their representatives, and with the same formalities as the deed which created the estate to be defeated; it must be of a thing defeasible, and all the conditions must be strictly performed before the defeazance can be consummated.So long as it was the law that a condition in a lease not to alien without license was determined by the first license granted [Dumpor's case, (1603) 1 Sm. L. C.], a defeazane was frequently adopted in order to revive the condition, and so virtually to limit the license to the particular assignment, but the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), replaced by t...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Acknowledgement of a wife's assurance
Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...
Lord Mayor's Court in London
Lord Mayor's Court in London. An inferior [Cox v. Mayor of London, (1867) LR 2 HL 239] Court of the king, held before the lord mayor and aldermen. Its practice and procedure were amended and its powers enlarged by the Mayor's Court of London Procedure Act, 1857. In this Court the recorder presided, or, in his absence, the common serjeant (s. 43), or the assistant judge appointed under the Borough Courts of Record Act, 1872. The Mayor's and City of London Court Act, 1920, amalgamated the City of London Court (see that title) (the jurisdiction of which was that of county Court) with the Mayor's Court, and by the County Court Act, 1934 (24 & 25 Geo. 5, c. 53), s. 186, now to be deemed a county Court, subject to the Mayor's Court Act of 1920, and the London (City) Small Debts Extension Act, 1852, with all its powers, rights and privileges preserved; and see Bowater & Sons Ltd. v. Davidson's Paper Sales, (1936) 1 KB 465. The conjoint Court thus established has all the powers and jurisdictio...
Queen's Bench Division
Queen's Bench Division, means the English court, formerly known as the Queen's Bench or King's Bench, that presides over tort and contract actions, applications for judicial review, and some Magistrate-court appeals, Black's Law Dictionary, 7th Edn., p. 1259.The jurisdiction of the Court of Queen's Bench was assigned, by s. 34 of the (English) Jud. Act, 1873, to the Queen's Bench Division of the High Court of Justice; and by Order in Council under s. 32 of the same Act, the Common Pleas and Exchequer Divisions were, in February 1881, merged in the same 'Queen's Bench Division,' which began to be styled, after the death of the late Queen Victoria in January, 1901, the 'King's Bench Division.' As to assignment of business to, see (English) Jud. Act, 1925, s. 56 (2)....
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