S 31 - Law Dictionary Search Results
Home Dictionary Name: s 31 Page 1 of about 10,607 results (0.009 seconds)Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Vaccination
Vaccination, inoculation with the virus of cowpox as a preventive of smallpox. First made compulsory in 1853 by 16 & 17 Vict. c. 100, gratuitous vaccination having been previously provided for in the various enactments, dating from 1840, on the subject prior to 1867, all of which were repealed by the Vaccination Act of that year (30 & 31 Vict. c. 84). By the Act it was provided, inter alia, that the parent of every child born in England should within three months after the birth of such child, or where by reason of the death, illness, absence, or inability of the parent or other cause, any other person should have the custody of such child, 1898 by the (English) Vaccination Act, 1898, and this last Act was itself amended by the (English) Vaccination Act, 1907, in order to give relief to persons having a conscientious objection to vaccination, and s. 1(1) is as follows:-1.-(1) No parent or other person shall be liable to any penalty under s. 29 or s. 31 of the Vaccination Act of 1867 if...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
Chief Justice of the Common Pleas
Chief Justice of the Common Pleas, the presiding judge in the court of Common Pleas, and afterwards in the Common Pleas Division of the High Court of Justice, and one of the ex-officio judges of the High Court of appeal (English) (Jud. Act, 1873, s. 5, and Jud. Act, 1875, s. 4). He had five (formerly four, until 31 & 32 Vict. c.125, see s. 11) puisne judge associated with him. In 1881, after the promotion of Lord Chief Justice Coleridge to the office of Lord Chief Justice of England, the office was abolished by Order in Council under s. 31 of the (English) Jud. Act, 1873, and merged in that of Lord Chief Justice of England....
Improvement of land
Improvement of land. The (English) Improvement of Land Acts, 1864 and 1899 (27 & 28 Vict. c. 114, and 62 & 63 Vict. c. 46), enumerate a number of 'im-provements' such as the following: (1) Drainage; (2) Irrigation and Warping; (3) Embanking from the sea, etc.; (4) Inclosing, and redivision of fields; (5) Reclamation; (6) Making roads, tramways, railways, and canals; (7) Clearing; (8) Erection and improvement of cottage and farm buildings; (9) Planting for shelter; (10) Construction of mills, etc.; (11) Construction of landing-places; and allowed tenants for life to charge the cost of such improvements upon the fee of a settled estate with the sanction of the In closure Commissioners, after notice to persons in remainder, and certain specifications and surveys;-the sanction of the Commissioners to be given 'if they found (s. 25) that the improvements would effect a permanent increase of the yearly vale of the lands proposed to be improved.' The Acts have been amended by the (English) Ag...
In a reference
In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and the sub-s. vests exclusive jurisdiction in the court in which an application for filing an award has been first made under s. 14 of the Act, Kumbha Mawaji v. Union of India AIR 1953 SC 313 (318): (1953) SCR 878 [Arbitration Act, 1940, s. 31(4) and 34]...
Capital punishment
Capital punishment, inflicted in pursuance of the (English) Capital Punishment Amendment Act, 1868 (31 & 32 Vict. c. 24) (before which executions were public), within the prison in which the offender is confined at the time of execution, in the compulsory presence of the sheriff, gaoler, chaplain, and surgeon, and such other officers of the prison as the sheriff requires, and also in the discretionary presence of any justice of the peace for the county, etc., and of such 'relatives of the prisoner, or other persons as it seems to the sheriff or visiting justices proper to admit within the prison.'-Chitty's Statutes, tit. 'Criminal Law,' where see the Rules of 1888 under the Act. See SENTENCE OF DEATH.The mode in the United Kingdom is hanging, but for high treason the Crown may alter it to beheading: see the (English) Treason Act, 1814 (54 Geo. 3, c. 146), as amended by s. 31 of the Forfeiture Act, 1870....
- << Prev.
- Next >>