S 230 - Law Dictionary Search Results
Home Dictionary Name: s 230Audit
Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...
Time
Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time dur...
Good Friday
Good Friday. The Bills of Exchange Act, 1882, s. 92, consolidating 39 & 40 Geo. 3, c. 42, passed for the better observance of Good Friday, and 7 & 8 Geo. 4, c. 15, provides that Good Friday and Christmas Day are to be excluded as 'non-business days' in cases where the time limited by that Act for doing any act or thing is less than three days; and also, by s. 14, that where the last of the three 'days of grace' (see GRACE DAY OF) falls on Good Friday, a bill of exchange shall be payable on the preceding business day. Good Friday is a holiday in the Courts and offices of the Supreme Court (R.S.C. 1883, Ord. LXIII., r. 4), and is not reckoned in the computation of limited time (less than six days) for the purposes of the Rules, (ibid., Ord. LXIV., r. 2), or of limited time, not exceeding seven days, for the purposes of the Municipal Corporations Act, 1882, by s. 230 of that Act, which also allows acts to be done on the day after Good Friday instead of on Good Friday. Houses where intoxic...
Insolvency
Insolvency, the state of one who has not property sufficient for the full payment of his debts. An insolvent, as distinguished from a bankrupt, was an insolvent who was not a trader: for until the passing of the (English) Bankruptcy Act, 1861, only a trader could be made bankrupt in the sense of obtaining an absolute discharge from his debts, while the future estate of an insolvent remained liable for his debts even after his discharge. The Acts from time to time in operation for the relief of insolvent debtors were 53 Geo. 3, c. 102; 1 & 2Vict. c. 110, ss. 23-120, 5 & 6 Vict. c. 122; 7 & 8 Vict. c. 96; 8 & 9 Vict. c. 127; 10 & 11 Vict. c. 102; and the (English) Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), s. 230. By the (English) Bankruptcy Repeal and Insolvent Court Act, 1869 (32 & 33 Vict. c. 83), all the enactments on this subject theretofore existing were repealed, and provision was made for winding up and terminating all mattes pending under the Acts for the relief of insolvent d...
Indian coin
Indian coin, referred. (Penal Code, 1860, s. 230)Indian coin is metal stamped and issued by the authority of the Government of India in order to be so used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of Chapter XII; notwithstand-ing that it may have ceased to be used as money....
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...
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