S 58 - Law Dictionary Search Results
Home Dictionary Name: s 58 Page: 3 Page 3 of about 10,570 results (0.008 seconds)Designs
Designs. The registration of and rights in designs are governed by the Patents and Designs Act, 1907, as amended by the Patents and Designs Acts,1919, 1928 and 1932 (cited as the Patents and Designs Acts, 1907 to 1932), and the Patent Rules, 1932 S. R. & O. 1932, No. 873.'Design' means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or which is in substance a mere mechanical device (s. 19, Act of 1919).And s. 49 of the principal Act (Act of 1919) (English), as amended, provides as follows:--49.--(1) The comptroller may, on the application made in the prescribed form and manner of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design und...
Inhibition
Inhibition. An ancient synonym for PROHIBITION.In the (English) Ecclesiastical Law, the command of a bishop or ecclesiastical judge that a clergyman shall cease from taking any duty, See, e.g., Sequestration Act, 1871 (34 & 35 Vict. c. 45), s. 5; (English) Benefices (Ecclesiastical Duties) Measures, 1926 (16 & 17 Geo. 5, No. 8); Dale's Case, (1881) 6 QBD 376.Under the (English) Land Registration Act, 1925, an order of Court or entry by the chief land registrar inhibiting temporarily the registration or any dealing with registered land or a registered charge; see (English) L.R. Act, 1925, s. 58, (English) L.R. Rules 230-234, and 237, and Fortescue-Brickdale and Stewart Wallace, 'Land Registration.'In the Scots Law: (1) A writ whereby the debtor or party inhibited is prohibited from contracting any debt which may become a burden on his heritable property. See 31 & 32 Vict. c. 101, s. 156, and Sch. (20 A writ prohibiting and discharging all persons from giving credit to a man's wife, Bell...
Run with the land-Run with the reversion
Run with the land-Run with the reversion. A covenant is said to 'run with the land,' either leased or conveyed in fee, when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. A covenant is said to 'run with the reversion' to land leased when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that reversion. Consult Spencer's case, (1583) 1 Sm LC 1, where a list of the covenants running with the land and not so running is given; and see, too, Woodfall, L & T.; Dyson v. Forster, 1909 AC 98.The benefit of a covenant made after 1925 running with the land is to be deemed to be made with the covenantee, his successors in title and the persons deriving title under him or them; and in connection with restrictive covenants, 'successors in title' includes owners and occupiers for the time being of the land intended to be benefited (Law of Property Act, 1925, s. 78). S. 58 of the Conveyanc...
Alteration of share capital
Alteration of share capital. Under the (English) Companies Act, 1929, the share capital of a company may be altered by increase (s. 53), consolidation or division, conversion of shares into stock and reconversion or cancellation of unissued capital (s. 50), or redemption of redeemable preference shares (s. 46). The alteration must be authorized by the Articles, and the memorandum modified. A company cannot make an original issue of stock (Home & Foreign Investment and Agency Co., (1912) 1 Ch 72, and subject to confirmation by the Court a company may reduce its capital by special resolution for reducing share capital and consequential alteration of the memorandum. The words 'and reduced' need not be added to the name of the company unless the Court so orders (ss. 55-60). As a rule in all these cases the alteration must be notified to the Registrar of Joint Stock Companies (s. 5), and, in the case of reduction, registered by him (s. 58)....
Auction
Auction, signifies generally an increasing, an enhancement, and hence is applied to a public sale of property usually conducted by biddings, which augment the price. A spear used to be raised by the Romans, at the sign of a public auction, Livy, xxiii. 37; Smith's Dict. of Antiq. The Sale of Land by Auction Act, 1867 (30 & 31 Vict. c. 48), by s. 5 enacts that the particulars of sale of land by auction 'shall state whether such land will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved,' and that 'if it is stated that such land will be sold without reserve, it shall not be lawful for the seller to employ any person to bid at such sale, or for the auctioneer to take knowingly any bidding from any such person.' As to auction without reserve, see Rainbow v. Howkins, 1904 (2) KB 322. See DUTCH AUCTION; KNOCK-OUTS.The auctions (English) (Bidding Agreements) Act, 1927 (17 & 18 Geo. 5, c. 12), was designed to make it illegal for a dealer to give an...
Auctioneers
Auctioneers, licensed agents appointed to sell property and to conduct sales or auctions. They differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers sell by private contract, and auctioneers by public auction.An auctioneer is deemed the agent of both parties; he can bind virtue officii the seller and the purchaser of royalty by his memorandum of the sale under s. 40 of the (English) Law of Properties Act, 1925, replacing in part s. 4 of the Statute of Frauds; but he is only the agent of the seller before the fall of the hammer at the sale. He may sue the purchaser in his own name. An auctioneer is generally remunerated by a commission on the amount realised by the sale, or, if no sale has been effected, on the reserve.As to the right to specific performance when a mistake has been made by the auctioneer, see Re Hare and O'Moore's Contract, (1901) 1 Ch 93; McManus v. Fortescue, (1907) 2 KB 1. It has been held in Scotland that an a...
Sturges Bourne's Acts
Sturges Bourne's Acts. (English) (1) 58 Geo. 3, c. 69, the Vestries Act, 1818 (Chitty's Statutes, tit. 'Vestries'), as to notice of vestries, qualification for vestry meetings, etc. (repealed as to rural parishes by the Local Government Act, 1894), preservation of parish books and other matters; and (2) 59 Geo. 3, c. 12, the Poor Relief Act, 1819 (Chitty's Statutes, tit. 'Poor'), by which the inhabitants of any parish, in vestry assembled, were enabled to commit the management of its poor to a committee of the parishioners appointed for that purpose and called a 'select vestry,' to whose orders the overseers were bound to conform (this portion of the Act, being superseded by the Poor Law Amendment Act, 1834, is repealed by the Statute Laws Revision Act, 1873). See now Poor Law Act, 1930, and POOR LAW....
Conditional fee agreements
Conditional fee agreements, are nowadays perhaps the most important species of champerty. Such agreements are still unlawful, R (Factorthame Ltd) v. Transport Secretary (No 8) (CA), (2003) LR 381 QB.Means an agreement in writing between a person providing advocacy or litigation services and his client which -- (a) does not relate to proceedings of a kind mentioned in sub-s. (10); (b) provides for that person's fees and expenses, or any part of then, to be payable only in specified circumstances; (c) complies with such requirements (if any) as may be prescribed by Lord Chancellor; and (d) is not a contentious business agreement, R (Factortame Ltd) v. Transport Secretary (No 8) (CA), (2002) 3 WLR 1104 (Courts and Legal Services Act, 1990, s. 58.)...
Abortion
Abortion, a miscarriage, or the premature expulsion of the contents of the womb before the term of gestation is completed.By the (English) Offences against the Person Act, 1861 (24 & 25 Vict. C. 100), s. 58, the unlawful administration of drugs or unlawful use of instruments, by a pregnant woman to herself, or (whether she be with child or not) by any person to her, with intent to procure miscarriage, is made felony, punishable by penal servitude or imprisonment, in the discretion of the Court. A person charged under this s. may be convicted under the (English) Infant Life (Preservation) Act, 1929 (19 & 20 Geo 5, c. 34). By s. 59 of the Act of 1861, the unlawful procuring of drug or instrument with the intent that it may be used to procure miscarriage is a misdemeanour whether the woman be with child or not. Earlier Acts (see, e.g., 43 Geo. 3, c. 59) made the offence a capital felony, but applied only in case of the woman being quick with child. A woman can be convicted of conspiracy t...
Dangerous structure
Dangerous structure. By s. 75 of the (English) Towns Improvements Clauses Act, 1847 (10 & 11 Vict. c. 34), which is incorporated (see s. 160) (English) in the Public Health Act,1875 (38 & 39 Vict. c. 55), any building deemed by the surveyor to be in a ruinous or dangerous state must be pulled down, repaired, or otherwise made secure. This provision is not confined to buildings, etc., adjacent to a highway; see L.C.C. v. Herring, (1894) 2 QB 522, a case decided under the (English) Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122). See also the London Building Act, 1930 (c. clviii.), ss. 128 et seq, and (English) Public Health Act, 1936, s. 58, enabling a local authority to apply to a Court of Summary Jurisdiction for an order to the owner to repair or demolish the structure, and upon failure by the owner the local authority may do the work and shore it up or fence it off; see also Housing Act, 1936....
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