S 26 - Law Dictionary Search Results
Home Dictionary Name: s 26 Page: 4Occupier's Liability Notice
Occupier's Liability Notice, the notice which the owner of land out of which tithe rent-charge issues is required, by sub-s. 6 of s. 2 of the Tithe Act, 1891, to give to the owner of the tithe rent-charge of the liability of the occupier of the land, under a contract made before the Act, to pay such tithe rent-charge to such owner of land. Unless this notice (which is styled an 'occupier's liability notice' by r. 3 of the Tithe Rent-charge Recovery Rules, 1891) is served as required by the Tithe Act, 1891, the landowner may not recover from the occupier any sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional Provisions)....
Fees
Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...
Quare impedit
Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without s...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Chancery
Chancery [fr. Cancelli, lattice-work, Lat.; chancellerie, Fr.]. the Court of Chancery, which administered equity (see that title) so far as distinct from law, was the highest court of judicature in this kingdom next to Parliament.Its powers and jurisdiction were in 1875 transferred to (I.) The High Court of Justice, and (II.) The Court of Appeal [(English) Jud. Act, 1873, ss. 16-18].(I) There is by the (English) Judicature Act, 1873, replaced by the English Judicature Act, 1925, s. 4, a Division of the High Court of Justice called the Chancery Division. To this Division are assigned (1) matters in which the court of Chancery had exclusive statutory jurisdiction (except County Court appeals), of these, the jurisdiction under the (English) Charitable Trusts Acts, 1853-1869, is practically the only portion nw remaining, the other jurisdictions having become exercisable under subsequent legislation. (Note: a. P. 1934, p. 2374), and (2) causes and matters for the administration of estates o...
Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
Libraries (Public)
Libraries (Public). The (English) Public Libraries Acts, 1855-1890, authorised the establishment, at the expense of the ratepayers, of free public libraries in municipal boroughs, Improvement Act districts, and parishes, in England, by the vote of a majority of two-thirds of the inhabitants, taking by voting papers, 'and not otherwise,' (Act of 1890, s. 2). These Acts were consolidated by the Public Libraries Act, 1892 (55 7 56 Vict. c. 53), amended in the following year by 56 & 57 Vict. c.11, which allowed the Act to be adopted in urban districts by the urban authorities instead of by direct popular vote. In rural parishes the parish councils had this power transferred to them by the Local Government Act, 1894. Land may be taken compulsorily. Libraries under the Act are absolutely free, save that a charge may be made to non-residents for the use of a lending library. The Act of 1892 provided that the library rate was not to exceed one penny in the pound in any financial year, and migh...
Invention
Invention, 'invention' means any manner of new manufacture and includes an improvement and an allied invention'. [s. 2(8) of 1911 Act.] It is to be noted that unlike the Patents Act, 1970, the Act of 1911 does not specify the requirement of being useful in the definition of 'invention'. But Courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful. The foundation for this judicial interpretation is to be found in the fact that s. 26(1)(f) of the 1911 Act recognises lack of utility as one of the grounds on which a patent can be revoked, M/s. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, AIR 1982 SC 1444: (1979) 2 SCC 511.Means a new produan inven-tive step and capable of industrial application. [Patents Act, 1970 (39 of 1970), s. 2 (1) (j)]...
Exhumation
Exhumation, the disinterring of an interred corpse. To disinter a dead body without lawful authority is a common law misdemeanour. Unless a body is removed from one consecrated burial place to another by faculty, it is unlawful to remove any body or the remains unless by licence from the Secretary of State [(English) Burial Act, 1857 (c. 81), s. 25; (English) Fees (Increase) Act, 1923 (c. 4), s. 7; Cemeteries Clauses Act, 1847 (c. 65), s. 26]. A coroner may by common law order disinterment within a reasonable time for taking an original inquisition or a fee for the inquisition. For the purpose of cremating bodies already buried, an exhumation licence must be obtained from the Secretary of State.The removal from the earth of something buried esp. a human corpse, disinterment, Black's Law Dic-tionary, 7th Edn., p. 595....
Apprenticeship adviser
Apprenticeship adviser, means the Central Apprenticeship Adviser appointed under sub-s. (1) of s. 26 or the State Apprenticeship Adviser appointedunder sub-s. (2) of that section. [Apprentices Act, 1961 (52 of 1961), s. 2 (b)]...
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