S 15 - Law Dictionary Search Results
Home Dictionary Name: s 15 Page: 2Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Lighting and Watching Act, 1833
Lighting and Watching Act, 1833 (English) (3 & 4 Wm. 4, c. 90), superseding 2 Go. 4, c. 27. An Act which may be adopted in any parish by the votes of a majority of two-thirds of the ratepayers, and which, if adopted, regulates the lighting of the parish 'by gas, oil, or otherwise' (s. 45), and the appointment (s. 39), employment, and dismissal of watchmen or constables therein. The Act may be abandoned in three years after adoption (s. 15).The Act was repealed as to the metropolis by the (English) Sanitary Act, 1866 (29 & 30 Vict. c. 90), s. 35, and is superseded by the (English) Public Health Act in districts where that Act is in fore [see (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 163].In a rural parish the parish meeting has exclusive power of adoption by virtue of s. 7 (1) (a) of the Local Government Acts, 1894 and 1933 (23 & 24 Geo. 5, c. 51), ss. 307 and 308, Sched. II. By the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 3 (1), the rate is to be lev...
In the son or daughter of such a female
In the son or daughter of such a female, even in the absence of the words which were inserted by the Amendment Act of 1964 in s. 15(2)(b) the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-s. (2) of s. 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-s. (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brother's son. If the son or daughter of the female who has sold the property could refer to her son or daughter from a husband other than the one from whom the property devolved on her, it would be contrary to the scheme and purpose of sub-s. (2) which essentially is to vest the right of...
Theatre
Theatre, a place kept for the public performance of stage-plays (see STAGE-PLAY), which expression includes 'every tragedy, comedy, farce, opera, burletta, interlude, pantomine, or other entertain-ment of the stage.' By the Theatres Act, 1843 (6 & 7 Vict. c. 68), such a place may not be had or kept without a licence from the Lord Chanberlain of the Household of the sovereign in the metropolis, and from the justices of the peace elsewhere, s. 2 of the Act enacting that:-2. It shall not be lawful for any person to have or keep any house or other place of public resort in Great Britain, for the public performance of stage plays, without authority by virtue of letters-patent from Her Majesty, her heirs and successors, or predecessors, or without licence from the Lord Chamberlain of Her Majesty's household for the time being, or from the justices of the peace as hereinafter provided; and every person who shall offend against this enactment shall be liable to forfeit such sum as shall be awa...
Book
Book, the 'book' in common acceptation is a literary composition from which one may extend or advance his or her knowledge and learning, Commr. of Customs v. Parasrampuria Synthetics Ltd., (2001) 9 SCC 74 (82).--For the purposes of s. 15 of the Copyright Act,1911, dealing with the delivery of books to certain libraries, the expression 'book' includes every part or division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table separately published, but not a second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress, or in the maps, prints, or other engravings belonging thereto. By s. 15 a copy of every book published in the United Kingdom must be sent to the British Museum, and on written demand to the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and subject to certain provisos the N...
Disclaimer
Disclaimer, a renunciation, or a denial by a tenant of his landlord's title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third person, and this is a distinct ground of forfeiture of the lease or other tenancy, whether of land or tithe. See Vivian v. Moat, (1878) 16 Ch D 730, in which Fry, J., held landlords entitled to eject tenants without notice to quit on a letter disputing the right of the landlords to raise the rent and asserting a right to hold on a quitrent.A devisee in fee may, by deed, without matter of record, disclaim the estate devised, and after such disclaimer has no interest in the estate. An heir-at-law could not disclaim.An executor may, before probate, 'disclaim,' or as it is more properly called, 'renounce,' the executorship, and the executor of an executor may, before probate of the will of his own testator, disclaim to be the executor of the first testator; but he cannot so disclaim after he has proved the...
Corroboration
Corroboration, evidence in support of principal evidence, e.g., in addition to that of the mother, to charge the father of an illegitimate child under the Bastardy Acts. See AFFILIATION.In an action for breach of promise of marriage the plaintiff may give evidence, but cannot recover a verdict unless corroborated by other material evidence in support of the promise, 32 & 33 Vict. c. 68, s. 2. See MARRIAGE, PROMISE OF. Corroboration is also required in certain cases under the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69(, ss. 2, 3, and 4 and also by s. 15 (1), (2) of the (English) Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15). By the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 1), s. 38, the evidence of children of tender years, though not given on oath, needs corroboration. See UNUS NULLUS RULE.of a witness's testimony must be afforded by means of independent evidence which implicated by connecting or tending to connect him in a...
Local land charges
Local land charges. Charges on land acquired at anytime by any local authority, including county, borough or rural district councils under the Public Health Metropolis Management or Private Street Works Act, or under any similar statute (public, general or local or private) passed at any time, must be registered in the local land-charge registry (see (English) Local Land Charges Rules,1927, S.R. & O., 1927, 869/L, 33), as provided by the Land Charges Act, 1925, s. 15, as amended by (English) Law of Property (Amendment) Act, 1926, or they will be void as against a purchaser for money or money's worth of a legal estate in the land affected. The following are included: town planning schemes and resolutions, and restrictions created after 1925 on user of land or buildings, imposed or enforceable by a local authority with some exceptions [see s. 15 (7) (b), ibid.], and this applies to local land charges affecting both registered and unregistered land. As to searches and official certificate...
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Voluntary winding up and winding up by the court
Voluntary winding up and winding up by the court, the expressions 'voluntary winding up' and 'winding up by the Court' have acquired a technical meaning in our Company and Insurance jurisprudence. Like the Co-operative Society Laws, the Companies Act and the Insurance Act also make a distinction between the cessation of business by a company and its voluntary winding up or winding up by an order of the Court. There is nothing unequivocal in s. 15(a) of the Act to show that Parliament intended to depart from the technical meaning of 'voluntary winding up' and 'winding up by the Court' and to bid a good-bye to the distinction in our Company and Insurance jurisprudence between mere cessation of business by a company and its voluntary winding up or winding up by an order of the Court. The phrase 'voluntarily wound up' in the first limb would mean the voluntary winding up of an insurance public company in accordance with s. 54 of the Insurance Act, The Neptune Assurance Co. Ltd.v. Union of ...
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