S 48 - Law Dictionary Search Results
Home Dictionary Name: s 48 Page: 2Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
Foreclosure
Foreclosure. A mortgagee, or any person claiming an interest in the mortgage under him, can compel the mortgagor, after breach of the condition, to elect either to redeem the pledge or that his equity of redemption be extinguished by an order of the Court. The foreclosure of mortgages is one of the matters assigned to the Chancery Division of the High Court. [Jud. Act, 1925, s. 56(1)]A legal proceeding to terminate a mortgagor's interest in property, instituted by lender either to gain title or to force a sale in order to satisfy the unpaid debt secured by property, Black's Law Dictionary, 7th Edn.Law of Property Act, 1925 (English) s. 91, replacing the Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 25, replacing the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), s. 48, empowers either mortgagor or mortgagee to obtain an order for sale instead of redemption or foreclosure.See ss. 88 and 89 of the (English) L.P. Act, 1925, in regard to the estate acquired by the mortgag...
Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
Overseers of the poor
Overseers of the poor (now abolished by (English) Rating and Valuation Act, 1925 (c. 90), ss. 1, 64), formerly public officers created by the (English) Poor Relief Act, 1601 (43 Eliz. c. 2), to provide for the poor of every parish. There were two or more according to the extent of the parish. Church-wardens were, by (English) Poor Law Amendment Act, 1866 (c. 113), s. 12 (repealed) (except in rural parishes, in which case their jurisdiction ceased by virtue of the (English) Local Government Act, 1894), overseers of the poor, and they joined with the overseers in making poor rates; but the churchwardens, having distinct business of their own, usually left the care of the poor to the overseers, though anciently they were the sole overseers of the poor, Wood's Inst. 98. The overseers originally not only levied the poor rate, but also expended it. Their duties regarding rating were transferred to the rating authority by (English) Overseers Order, 1927, No. 55.Assistant overseers could be ap...
Dentist
Dentist. The (English) Medical Act, 1858 (21 & 22 Vict. c. 90), s. 48, enabled Her Majesty, by charter, to grant to the Royal College of Surgeons of England power to institute examinations, etc., for dentists, and the Dentists Act, 1878 (41 & 42 Vict. c. 33), provides for the registration of dentists. The (English) Dentists Act, 1921 (11 & 12 Geo. 5, c. 21), provides that no person, unless registered under the Act of 1878, shall practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry under a penalty not exceeding 100l. Certain persons are, however, allowed to make extractions where no registered person is available. The Act establishes a Dental Board, who may admit, in addition to those admissible under s. 6 of the principal Act, any person of good character over 23 years of age on 28th July, 1921, who (1) had for any five years since July, 1914, been practising dentistry in the United Kingdom, or, if a chemist, was in ...
Liberty
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
Cyber Appellate Tribunal
Cyber Appellate Tribunal, means the Cyber Regulations Appellate Tribunal established under sub-s. (1) of s. 48. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (n)]...
Land Commissioners
Land Commissioners, the title by the (English) Settled Land Act, 1882, s. 48, of the Commissioners formerly called 'The Copyhold Inclosure and Tithe Commissioners.' By s. 26 of that Act, a certificate of these Commissioners that an 'improvement' within that Act has been effected is, in the absence of an Order of the Court, an authority to trustees to pay for the improvement out of 'capital money,' and by s. 28 a tenant for life must maintain and repair an 'improvement' at his own expense during such period, if any, as the Commissioners by certificate in any case prescribe.All powers and duties of the Land Commissioners were transferred to the Board of Agriculture by the (English) Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30)....
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