S 48 - Law Dictionary Search Results
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Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence w...
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
Corrupt practices
Corrupt practices. At elections these are treating, un-due influence, bribery, personation, making a false declaration as to election expenses, and incurring election expenses without the election agent's written authority. See Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 3; (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), ss. 1-3, 33 (7); (English) Municipal Corporations Act, 1882; (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), ss. 2, 1 (5); (English) Local Government Acts, 1888 (s. 75) and 1894 (s. 48); (English) Representation of the People Act, 1918, ss. 34, 35, 38 and (English) R. of the P. Act (No. 2), 1922. The (English) Municipal Elections (Corrupt and Illegal Practices) Act,1911, makes it an illegal practice to publish certain false statements concerning a candidate. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 79 et seq.Corrupt practices at parliame...
Recovery of land
Recovery of land, the title, since the Judicature Acts, of the action of 'ejectment' to transfer the poss-ession of land from the wrongful to the rightful owner.Under the County Courts Orders, see Order V., actions to recover possession of land under ss. 138 and 139 of the County Courts Act, 1888, were to be so called in distinction from actions of ejectment under s. 59, ibid., but by the County Courts Act, 1934, s. 48, county courts have jurisdiction over actions for the recovery of land where neither the value of the land nor the rent exceeds 100l. per annum, and references to ss. 138 and 139 of the Act of 1888 are to be construed as references to s. 48 of 1934. As to the judges' discretion under s. 138 of the County Courts Act, 1888, see Sheffield Corporation v. Luxford, (1929) 2 KB 180....
Trader
Trader, imports buying and selling of commodities and is not to be understood in a wide sense, as including manufacture. It cannot be said that the business of a film producer which is that of manufacture of films or that of distribution of films is that of buying and selling within the meaning of the word 'trade', Attar Hussain v. Fazli Brothers Ltd., AIR 1946 Bom 481: (1946) 48 Bom LR 377: 1946 Bom Rul 300.Means a person who 'in his normal course of business, buys or sells any notified agricultural produce, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538: AIR 1994 SCW 358: (1994) 4 SCC 707: (1994) 4 JT SC 471: 1994 Jab LJ 526: (1994) 95 STC 565.Means a person who 'in his normal course of business' 'buys or sells' but does not include agriculturist. The normal course of business of an agriculturist is neither buying nor selling, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538. [see M.P. Krishi Upaj Mandi Adhiniyam, 1973, s. 2(p)]Means a person who buys notifi...
Fresh application
Fresh application, an application made after 12 years from the date of the decree would be a fresh application within the meaning of s. 48 of the Code of Civil Procedure, if the previous application was finally disposed of. It would also be a fresh application if it asked for a relief parties or properties different from those proceeded against in the previous execution petition or asked for a relief substantially different from that asked for in the earlier petition, Pentapati China Venkanna v. Pentapati Bangaraju, AIR 1964 SC 1454 (1458). (Civil PC, 1908, s. 48)...
Negotiation
Negotiation, treaty of business, whether public or private. [s. 48, Negotiable Instrument Act, 1881 (26 of 1881)]--when a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated. [Negotiable Instruments Act, 1881 (26 of 1881) s. 14 & 48]...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
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