S 41 - Law Dictionary Search Results
Home Dictionary Name: s 41 Page: 3Essence
Essence, that which is indispensable to the existence of any thing or matter. As to the construction of stipulations which according to the rules of equity are not deemed of the essence of a contract, see (English) Law of Property Act, 1925, s. 41, replacing Jud. Act, 1873, s. 25, sub-s. 7, Stickney v. Keeble, 1915 AC 386. And see TIME.Essence is a flavouring material & its function is to add Flavour to the food i.e., to make it more palatable, Commissioner of Sales Tax v. S.N. Brothers, (1973) 3 SCC 496: AIR 1973 SC 78: (1973) 2 SCR 852....
Is charging
Is charging, the word 'is charging' mean is demanding a price at the present time for service to be rendered, U.D.S. Mills v. S.S.L. Railway, AIR 1963 SC 21. [Railways Act, 1890, s. 41(1)(b) (c)]...
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 Secs. 22 (in part) and 34, 35 have not been repealed by the Solicitors Act, 1932 (23 & 24 Geo. 5, c. 37).Locke-King's Act (English) (17 & 18 Vict.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 In respect of deaths after 1925, both these Acts were repealed and reproduced and extended by the Administration of Estates Act, 1925; see s. 35....
Cat
Cat. (1) A cat is not the subject of larceny at Common Law: for the punishment for stealing a cat, see (English) Larceny Act, 1861, s. 21; for maliciously killing or wounding, see (English) Malicious Damage Act, 1861, s. 41; and for painful experiment on, see (English) Cruelty to Animals Act, 1876 s. 5. See further as to cruelty, ANIMALS.(2) The instrument (cat o' nine tails) with which criminals are flogged in England. [See Whipping.] It consists of nine lashes of whipcord tied on to a wooden handle....
Local and Personal Acts
Local and Personal Acts. (English) See ACTS OF PARLIAMENT. Provisions in local and personal Acts givings double and treble costs, and allowing the genera lissue to be pleaded, and special matter to be given in evidence, are repealed by 5 & 6 Vict. c. 97, ss. 1, 3. The same Act provides for uniformity of notice of action in such actions-one month in all cases-and equalizes the periods of limitation under such Acts. See LIMITATION, STATUTES OF. By the Interpretation Act, 1889, s. 9, re-enacting 13 & 14 Vict. c. 21, every statute made after 1850 is to be taken to be a public one, and judicially noticed as such, unless the contrary be expressly declared. Interpretation Act, 1888, s. 9.Some Public and General Acts contain provisions for the alteration by Regulations, Statutory or Provisional Order, or otherwise, of local Acts in conformity with the general enactment, e.g., (English) Land Drainage, 1930 (20 & 21 Geo.5, c. 44); see s. 41; London Traffic Act, 1924; (English) Rating and Valuati...
Birds
Birds. Larceny may be committed at Common Law of domestic fowls, as hens, ducks, geese, etc. (1 Hale, PC 511), and of tame pigeons, though unconfined, Reg. v. Cheafor, (1851) 2 Den CCR 361, and of tame pheasants, Reg. v. Head, (1857) 1 F&F 350; or partridges, Reg. v. Shickle, (1868) LR 1 CCR 158. The (English) Larceny Act, 1861, ss. 21-23, provides, that whoever shall steal, or kill with intent to steal, birds ordinarily kept in a state of confinement, or for any domestic purposes, not being the subject of larceny at Common Law, or shall be in possession of any such bird, or the plumage thereof, knowing the same to have been stolen, shall be punishable on summary conviction by fine or imprisonment.As to unlawfully and wilfully killing or wounding house doves or pigeons under circumstances not amounting to larceny at Common Law, see (English) Larceny Act, 1861, s. 23, and Malicious Damage Act, 1861, s. 41. See also the (English) Poultry Act, 1911, and the Protection of Animals Act, 1911...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Special law
Special law, a 'special law' is a law applicable to a particular subject. [Indian Penal Code, s. 41]--the expression special law means a provision of law, which is not applicable generally but which applies to a particular or specified subject or class of subjects, AIR 1961 Bom 154(155). [Limitation Act, 1908, s. 29(2)]...
Campbell's (Lord) Acts (English)
Campbell's (Lord) Acts (English)-(1) for amending the practice in prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on such act, neglect, or default would have lain at the suit of the deceased had he not succumbed to his injuries. The damages recoverable are strictly on the basis of compensation [e.g., funeral expenses not recoverable, Clark v. London General Omnibus Co., 1906 (2) KB 648]. The action, which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The acti...
Brougham's (Lord) Acts (English)
Brougham's (Lord) Acts (English). The best known of them are the Beer Act of 1830 (11 Geo. 4, 8 1 Wm. 4, c. 64), the Judicial Committee Act of 1833 (3 & 4 Wm. 4, c. 41), the repealed County Court Act of 1846, the repealed Act for shortening the language of Acts of Parliament (13 & 34 Vict. c. 21), for which ss. 1, 3 of the Interpretation Act, 1889, are now substituted, and the Evidence Acts of 1845 and 1851 (8 & 9 Vict. c. 113), and (14 & 15 Vict. c. 99); and the Act, now replaced, which made slave trading a felony for the first time....
- << Prev.
- Next >>