S 26 - Law Dictionary Search Results
Home Dictionary Name: s 26 Page: 6Police supervision
Police supervision. Where a person is twice con-victed on indictment he may be subject to police supervision for not more than seven years in addition to any other punishment. He is obliged to notify his place of residence to the chief officer of police of the district, and, if a male, to report himself monthly to this officer or to some one nominated by him [(English) Prevention of Crimes Act, 1871, s. 8, and amending Acts 54 & 55 Vict. c. 69, and 4 & 5 Geo. 5, c. 58, s. 26]....
Succeeded by another person
Succeeded by another person, the expression 'succeeded by another person' in s. 26(2) and s. 25(4) of the Income Tax Act, 1922 includes not only cases of succession inter vivos but also cases of succession on death, Executors of the Estate of Lt. Commr. J.K. Dubash v. Commissioner of Income Tax, AIR 1951 SC 111: (1950) SCR 969....
Procuration
Procuration, an agency, the administration of the business of another; also moneys which parish priests pay yearly to the bishop or archdeacon, ratione visitationis; these are also called proxies, and it is said that there are three sorts--ratione visitationis, consuetudinis, et pactiHardr. 180Bills of Exchange may be drawn, accepted, or endorsed by procuration, i.e., by an agent who has an authority for such a purpose, and 'a signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority.'--Bills of Exchange Act, 1882, s. 25. The words 'per pro.' Or 'p.p.' (by procuration) usually follow the signature of an agent, and by s. 26 of the Bills of Exchange Act, a person signing a bill and adding words indicating that he signs in a representative capacity is not personally liable on the bill....
Stannary
Stannary [stannaria, fr. stannum, Lat.; stean, Cornish, tin], a tin mine.From very ancient times there were Stannary Courts in Cornwall for the administration of justice among the tinners therein, such courts being mentioned in charters of the reign of King John. In 1855 their jurisdiction was extended to Devonshire mines. The Stannaries Court Abolition Act, 1896, trans-ferred this jurisdiction (which was exercised by a Vice-Warden with an appeal to the Lord Warden and a further appeal to the Court of Appeal by virtue of s. 18 of the Judicature Act, 1873 [see now Judicature Act, 1925, s. 26)], to county courts; see Companies Act, 1929, ss. 163 (jurisdiction in winding up), 297 to 299 (attachment of debts, preferential payments, and mine club funds), 339 (1) (contributories), 357 (prohibition of unregis-tered companies having more than twenty members not to apply), 375 (jurisdiction of the Court exercising Stannaries jurisdiction); Dunbar v. Harvey, (1913) 2 Ch 530.The 'Stannaries' cove...
Oysters
Oysters. Stealing oysters from oyster beds properly marked out is felony and punishable as simple larceny, i.e., by penal servitude up to three years, or imprisonment up to three years, and, if a male under 16, with or without whipping. Dredging or netting for oysters in a bed is a misdemeanour punishable by imprisonment up to three months, with or without hard labour. See (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), s. 26.Oyster beds are protected by Part III. of the (English) Sea Fisheries Act, 1868 (31 & 32 Vict. c. 45), and a close time for oysters is provided by the Sea (English) Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), being between 15th June and 4th August for 'deep sea oysters,' and between 14th May and 4th August for other oysters. See Chitty's Statutes, tit. 'Fish (Sea),'Oysters are included in the term sea-fish; see (English) Sea-Fishing Industry Act, 1933 (23 & 24 Geo. 5, c. 45).An action in rem will lie for damage caused by the negligent...
Capella
Cape, a judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default and also over to the demandant; the cape ad valentiam was a species of grand cape; and cape parvum, or petit cape, after appearance or view granted, summoning the tenant to answer the default only, Termes de la Ley; Steph. Com.The proceedings in real actions were abolished by 3 & 4 Wm. 4, c. 27, s. 36, and 23 & 24 Vict. c. 126, s. 26....
Last day of term
Last day of term. On the last day of each of the four terms the junior barrister present in every Court of law was entitled to make his motion the first, and so on, in order of juniority, to the senior outer-barrister; afterwards, among the Queen's Counsel and serjeants, the senior began. For the purposes of the administration of justice the division of the legal year into terms has been abolished (Jud. Act, 1873, s. 26). See SITTINGS....
Issuable terms
Issuable terms. Hilary and Trinity were so called because in them issues were made up for the assizes. But for town causes all the four terms were issuable. The division of the legal year into terms is now abolished, so far as relates to the administration of justice (Jud. Act, 1873, s. 26). See R.S.C., Ord. LXIII....
Employed in an establishment
Employed in an establishment, An employee is defined in S. 2(f) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 to mean any person employed directly or through any agency in any establishment and include any labour who is given raw materials by an employer or a contractor at home referred to as the home-worker and any persons employed by an employer or a contractor but working at the premises with the employer or contractor. Therefore, the words 'employed in an establishment' in s. 26 of the Act are referable to home-workers as well, Mangalore Ganesh Beedi Works v. Union of India, (1974) 4 SCC 43: AIR 1974 SC 1832: (1974) 3 SCR 221....
Abridge
Abridge [fr. abreger, Fr., abbreviare, Lat.], to make shorter in words retaining the substance. Also the making a declaration or count shorter by subtracting or severing some of the substance therefrom, i.e., a man was said to abridge his plaint in assize, and a woman her demand in action of dower, where any land was put into the plaint or demand which was not in the tenure of the defendant; for if the defendant pleaded non-tenure, joint-tenancy, or the like, in abatement of the writ as to part of the lands, and plaintiff might leave out those lands, and pray that the tenant might answer to the rest, Brooke, tit. 'Abridgment.' Now obsolete in consequence of the abolition of real and mixed actions, by the (English) Real Property Limitations Act, 1833 (3 & 4 Will. 4, c. 27), s. 36, and the (English) Common Law Procedure Act, 1860 (23 & 24 Vict. C. 126), s. 26....
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