S 26 - Law Dictionary Search Results
Home Dictionary Name: s 26 Page: 5Betterment
Betterment, increasing the value of property. Where the increase is due to the execution of public improvements, some modern Acts provide that the neighbouring owners should bear a special share of the expense. The principle seems to have been applied, under the term 'melioration,' by 19 Car. 2, c. 3, s. 26, when London was being re-built after the Great Fire. For an instance of what might now be considered betterment, see Re South Eastern Railway & L.C.C.'s Contract, (1915) 2 Ch 252.The principle has been adopted by the (English) Town and Country Planning Act, 1932 (22 & 23 Geo. 5, c. 48), s. 21, which, upon or apart from any question of compensation, allows local authorities to claim for betterment. See Re Webster, 51 TLR 201. See also (English) Public Health Act, 1925, s. 31, and (English) Local Government Act, 1929, Sched. I., Part I., and IMPROVEMENT OF TOWNS....
Discovers
Discovers, the word 'discovers' in s. 15 of the Act is of sufficient amplitude to take in subsequent events which have a material bearing on the facts and circumstances on which assessment had been made or relief granted, and that when the Excess Profits Tax Officer finds that an assessee to whom relief had been granted under s. 26(3) has utilised the buildings, plant or machinery in business after the termination of the war, he is entitled to proceed under s. 15 of the Act, India United Mills Ltd. v. Commissioner of Excess Profits Tax, AIR 1955 SC 79 (84). (Excess Profits Tax Act, 1940, s. 15)...
Exchequer Chamber, Court of
Exchequer Chamber, Court of, a tribunal of error and appeal.First, it existed in former times as a Court of mere debate, such causes from the other Courts being sometimes adjourned into it as the judges upon argument found to be of great weight and difficulty, before any judgment was given upon them in the Court below. It then consisted of all the judges of the three Superior Courts of Common Law, and at times the Lord Chancellor also.Second, it existed as a Court of Error, where the judgments of each of the Superior Courts of Common Law, in all actions whatever, were subject to revision by the judges of the other two, sitting collectively. See 27 Eliz. c. 8 (error from Queen's Bench), and 11 Geo. 4 & 1 Wm. 4, c. 70, s. 8 (error from the three Courts). The composition of this Court consequently admitted of three different combinations, consisting of any two of the Courts below which were not parties to the judgment appealed against. There was no given number required to constitute the ...
Benefit sharing
Benefit sharing, 'benefit sharing', in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under s. 26. [Protection of Plant Varieties and Farmer's Right Act, (53 of 2001) s. 2(b)]...
Hilary Sittings
Hilary Sittings. These take the place, since the Judicature Act, of Hilary Term, beginning on the 11th of January, and terminating on the Wednesday before Easter; see R.S.C. Ord. LXIII., r. 1. It was so called from Hilary, Biship of Poictiers, in France, a great champion of the Catholic faith against the Arians in the fourth century (see Gibbon, Dec. and Fall, c. xxi.). By the Judicature Act, 1873, s. 26 (now obsolete), 'the division of the legal year into terms was abolished, so far as relates to the administration of justice.' See SITTINGS; TERMS.In England, a term of court beginning on January, 11 of each year and ending on Wednesday before Easter, Black's Law Dictionary, 7th Edn., p. 735....
Land Commissioners
Land Commissioners, the title by the (English) Settled Land Act, 1882, s. 48, of the Commissioners formerly called 'The Copyhold Inclosure and Tithe Commissioners.' By s. 26 of that Act, a certificate of these Commissioners that an 'improvement' within that Act has been effected is, in the absence of an Order of the Court, an authority to trustees to pay for the improvement out of 'capital money,' and by s. 28 a tenant for life must maintain and repair an 'improvement' at his own expense during such period, if any, as the Commissioners by certificate in any case prescribe.All powers and duties of the Land Commissioners were transferred to the Board of Agriculture by the (English) Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30)....
National load despatch centre
National load despatch centre, means the centre established under sub-s. (1) of s. 26. [Electricity Act, 2003 (36 of 2003), s. 2(45)]...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
Vancouver's Island
Vancouver's Island. See 12 & 13 Vict. c. 48; 21 & 22 Vict. c. 99, s. 6; 29 & 30 Vict. c. 67 (providing for union with British Columbia); 33 & 34 Vict. c. 66, and British North America Act, 1930 (20 & 21 Geo. 5, c. 26), confirming the agreement between British Columbia and the Dominion of Canada....
Knight's fee
Knight's fee [feodum militare, Lat.], twelve plough-lands, the value of which was 20l. per annum (2 Inst. 596). By the grant of a knight's fee, land, meadow, and pasture may pass as parcel of it, and even a manor if it is usually called so. Consult Shep. Touch. 92, 93. Selden contends that it was as much as the king was pleased to grant upon condition of having the service of a knight, Tit. Of Hon., p. ii., c. v., ss. 17, 26. See TENURE....
- << Prev.
- Next >>