S 162 - Law Dictionary Search Results
Home Dictionary Name: s 162Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
Perpetuity
Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Ragman's-roll, or Ragimund's-roll
Ragman's-roll, or Ragimund's-roll, a roll, called from one Ragimund, or Ragimont, a legate in Scotland, who, summoning all the beneficed clergymen in that kingdom, caused them on oath to give in the true value of their benefices, according to which they were afterwards taxed by the Court of Rome.The term Ragman's-toll also means the list of the barons and men of note who subscribed the submission to Edward I. in 1296, and which was delivered up to the Scots in 1328 (Scott's History of Scotland. Vol. i. p. 162)....
Gas
Gas. See the (English) Gasworks Clauses Act, 1847, and other Acts set out in Chitty's Statutes, tit. 'Gas.'By s. 161 of the (English) Public Health Act, 1875 (see also (English) Road Traffic Act, 1934 (24 & 25 Geo. 5, c. 50), s. 23), any urban authority may contract with any person for the supply of gas or other means of lighting their district, and provide lamps and other materials for such lighting; or where there is not any company or person authorized by Parliament to supply gas, may themselves undertake to supply gas to their district or such part of it as is not within the limits of supply of any such company or person. by s. 162, an urban authority for the purpose of supplying gas to their district may (with the sanction of the Board of Trade) buy, and the directors of any gas company (duly authorized as required by the Act) may sell and transfer their undertaking to such authority, on agreed terms.Originally gas was supplied to a prescribed illumi-nating standard. Later, when t...
Exception
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
Electrical Inspector
Electrical Inspector, means a person appointed as such by the appropriate Government under sub-s. (1) of s. 162 and also includes Chief Electrical Inspector, Electricity Act, 2003, s. 2(21)....
Borough Sessions
Borough Sessions, courts established in boroughs under the (English) Municipal Corporations Act, 1882. They are held by the recorders of the respective boroughs once a quarter, or oftener if they think fit, and at times to be fixed by them. The Court has 'cognizance of all crimes, offences, and matters cognizable by the County Quarter Sessions, whose powers extend to all boroughs which may not have obtained a separate court by petition under s. 162 of the Act, 1882, and see also (English) Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 33)....
Panchnama
Panchnama, a 'panchnama' is merely a record of what a panch sees, Valibhai Omarji v. State AIR 1963 Guj 145 (147). [Criminal PC 1898, s. 162]...
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