S 186 - Law Dictionary Search Results
Home Dictionary Name: s 186Lord 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...
Liquidator
Liquidator. A person appointed to conduct the winding-up of a company under the (English) Companies Act, 1929. Liquidators are of three kinds:--(1) Appointed by the court in a winding-up by the Court. pending appointment the Official Receiver in Bankruptcy is to act as Official Receiver and Liquidator in the winding-up (s. 185). By s. 186, in England, liquidators other than the Official Receiver must provide security to the satisfaction of the Board of Trade. His duties comprise the collection of the company's property, and this property or any part of it may vest in him on his application. He may bring or defend actions relating to that property in his own official name (s. 190). Powers which he may exercise subject to the sanction of the court or a Committee of Inspection are setout in s. 191(1); sub-s. (2) of that section gives a list of powers for which such sanction is not required. The duties of a liquidator are to collect, administer, and distribute the assets, having regard to ...
City of London Court
City of London Court. The City of London Court was, prior to the County Courts Act, 1867 (30 & 31 Vict. c. 142), s. 55, known as the 'Sheriffs Court of the City of London.' Its procedure was, theretofore, regulated by Acts and Rules peculiar to itself; but by the County Courts Act, 1934, s 186, replacing s. 185 of the County Courts Act, 1888, it becomes to all intents and purposes a county Court. by amalgamation with the Mayor's Court of London, it becomes the Mayor's and City of London Court, and the latter possesses the powers and jurisdiction of both the former Courts. See Mayor's and City of London Court Act, 1920 (c. cxxxiv.). As to sittings of the High Court of Justice in the city of London, see ROYAL COURTS OF JUSTICE....
Conjugal rights
Conjugal rights, the right which husband and wife have to each other's society. The suit for restitution of conjugal rights is a matrimonial suit, cognizable in the Divorce court, which is brought whenever either the husband or wife is guilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the court will decree restitution of conjugal rights (English) (Judicature Act, 1925, s. 186), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband to the wife, s. 187.Conjugal rights cannot be enforced by the act of either party, as was held by the court of Appeal in the case of a husband who had seized and detained his wife by force, in Reg. v. Jackson, (1891) 1 QB 671.Connected person, in relation to any other person, includes any person who is or was that other person's banker, Financial Services Act, 1986, s. 105(9)(a) Halsbury's Laws o...
Deer-leap, or deer's-leap
Deer-leap, or deer's-leap. The term apparently means two things: (1) generally, a strip running outside the paling of an ancient park, its breadth being the supposed distance a deer could leap; (2) a right enjoyed by the owner of a park which adjoins a forest or chase to maintain a high bank from which the deer out of the forest or chase could leap down into his park and be unable to get back again-in fact, a species of deer-trap. See Notes and Queries, Sec. Series, vol. iii., p. 195; Third Series, vol. xii., p. 186. Hence it is sometimes identified with freeboard, which see....
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...
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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