S 35 - Law Dictionary Search Results
Home Dictionary Name: s 35Workmen'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...
Locke's Act
Locke's Act (English), (23 & 24 Vict. c. 127), the Solicitors Act, 1860, amending the law as to the admission etc., of solicitors. Secs. 22 (in part) and 34, 35 have not been repealed by the Solicitors Act, 1932 (23 & 24 Geo. 5, c. 37).Locke-King's Act (English) (17 & 18 Vict. c. 113), the Real Estates Charges Act, 1854 (amended by the Real Estate Charges Act, 1867 and 1877 (30 & 31 Vict. c. 69, and 40 & 41 Vict. c. 34)), whereby the heir or devisee of real estate was first precluded from claiming payment of a mortgage on such estate out of the personal assets of the ancestor or testator. In respect of deaths after 1925, both these Acts were repealed and reproduced and extended by the Administration of Estates Act, 1925; see s. 35....
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Mistake apparent from the record
Mistake apparent from the record, s. 35(1) of the Act refers not only to the order of assessment but it comprises all proceedings on which the assessment order is based and the Income-tax Officer is entitled for the purpose of exercising his jurisdiction under s. 35 to look into the whole evidence and the law applicable to ascertain whether there was an error, Maharana Mills (P) Ltd. v. Income Tax Officer, AIR 1959 SC 881 (886): (1959) Supp 2 SCR 547. [Income-tax Act, 1922, s. 35 (1)]...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
Appointment of new trustees
Appointment of new trustees, See TRUSTEES. It was formerly necessary to inset a full power in instruments creating a trust providing a succession of trustees and nominating the person or persons by whom the power was to be exercised and specifying the various contingencies, as death, resignation, incapacity, etc., of the trustee, in which the power was to arise; otherwise application had to be made to the Court of Chancery. Latterly, however, a power for this purpose has been supplied by various Acts of Parliament, the statute at present in force being the (English) Trustee Act, 1925, ss. 36 and 37 replacing and extending the 10th section of the (English) Trustee Act, 1893 (56 & 57 Vict. c. 53), and s. 36 of the (English) Act of 1925 also provides for the appointment of additional trustees. S. 40 provides for the vesting of the trust property in the new trustees by a declaration in the deed of appointment or, deeds of appointment executed after 1925, no express vesting declaration appe...
Drivers, etc., of carriages (UK)
Drivers, etc., of carriages (UK). As to misconduct by them, see Highways Act, 1835 (5 & 6 Wm. 4, c. 50), s. 78; 6 & 7 Vict. c. 86, s. 35); Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), ss. 37 et seq.; Offences against the Person Act, 1861, s. 35; Licensing Act, 1872, s. 12; Metropolitan Police Act, 1839, s. 54; and the Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), as amended by 24 & 25 Geo. 5, c. 50, and see DRUNKENNESS. As to licensing, etc., of drivers of motor cars, see MOTOR CAR....
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