S 61 - Law Dictionary Search Results
Home Dictionary Name: s 61Registration 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...
Traveller
Traveller. Under the (English) Licensing (Con-solidation) Act, 1910, s. 61 (see INTOXICATING LIQUORS), intoxicating liquors were not to be sold at certain hours except to 'bon' fide travellers,' and by s. 61 (3) a person was not to be deemed a 'bona fide traveller unless the place where he lodged during the preceding night is at least three miles distant from the place where he demands to be supplied with liquor'; but although a man was not a bon' fide traveller unless he had travelled the three miles, he did not necessarily become so by merely having travelled the three miles. The expression bon' fide, which appears to owe its origin to the Scottish Forbes-Mackenzie Act (16 & 17 Vict. c. 67), seems merely intended to point the distinction between those who travel to drink, and those who drink to travel. s. 61 of the Act of 1910 was repealed by the Licensing Act, 1921. Consult Paterson's Licensing Acts.For obligation of innkeepers to entertain travellers, but travellers only, see INNKE...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Month
Month [fr. monath, Sax., moon, which was formerly written mone, as month was written moneth]. The period in which that planet moneth, i.e., completeth its orbit.It is either--(1) Lunar, the time between the change and change, or the time in which the moon returns to the same point, being twenty-eight days.(2) Solar, that period in which the sun passes through one of the twelve signs of the zodiac.(3) Calendar, by which we reckon time, consisting unequally of thirty or thirty-one days, except February, which consists of twenty-eight, and in leap year of twenty nine days. The calendar month is also nine days. The calendar month is also called usual, natural, civil, political.In an Act of Parliament (English), passed after 1850, the word 'month,' which was formerly taken to mean a lunar month, unless calendar month was specified, means calendar month; unless words be added pointing to lunar months [(English) Interpretation Act, 1889 (s. 3), repealing and re-enacting 13 Vict. c. 21]. By th...
Mayor
Mayor [according to some, anciently written meyr, fr. the British miret, to keep, or fr. the Old English maier, power, not from the Latin major, although maire is the more probable derivation through the lingual corruption of 'major'] the annual chief magistrate of a municipal borough, elected by the councillors under s. 15 of the (English) Municipal Corporations Act, 1882 (45 & 46Vict. c. 50), from among the aldermen or councillors, or persons qualified to be such,' on the 9th November of every year (ibid., s. 61). Ss. 15 and 61 of the (English) Municipal Corporations Act, 1882, have been repealed (except as London) by the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), see ss. 18-20 of that Act. He receives little salary, if any. His principal duties are to act as returning officer at municipal elections, and in certain cases at parliamentary elections, as chairman of the meetings of the council, and as a justice of the peace for the borough...
Workmen'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...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Remitter of actions to County Court
Remitter of actions to County Court. See (English) County Courts Act, 1934 (24 & 25 Geo.5, c. 53), s. 45, which replaces the County Courts Act, 1919, s. 1, which took the place of the County Courts Act, 1888, s. 65. The High Court may remit to the County Court any action brought in the High Court where (1) the plaintiff's claim is founded either on contract or tort and the amount claimed or remaining in dispute does not exceed 100l., whether the counterclaim (if any) exceeds or does not exceed 100l.; or (2) the only matter remaining in dispute is a counterclaim, founded on contract or tort, not exceeding 100l; or (3) by s. 50, the plaintiff'' claim is for recovery of land, with or without a claim for rent or mesne profits, by a landlord against a tenant (or some one claiming by, through, or under him), whose term has expired or been determined or has become liable to forfeiture for non-payment of rent, and the action could have been brought in the County Court. S. 46 provides for the r...
Woman
Woman, the word 'woman' denotes a female human being of any age. (Indian Penal Code, s. 10)By the (English) Interpretation Act, 1889, s. 1, reproducing 13 & 14 Vict. c. 21, s. 3, words in any Act of Parliament passed after 1850 importing the masculine gender include females unless the contrary intention appears. Women became qualified to be registered as apothecaries by the Apothecaries Amendment Act, 1874 (37 & 38 Vict. c. 34), s. 5; as surgeons by the College of Surgeons Act, 1875 (38 & 39 Vict. c. 43), s. 2; and as medical practitioners by the Medical Amendment Act, 1876 (39 & 40 Vict. c. 41), s. 1, and see infra.The Sex Disqualification (Removal) Act, 1919, s. 1, provides that a person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorp...
Delivery
Delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast. [Copyright Act, 1957 (14 of 1957), s. 2 (g)]It means the birth of a child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (c)]It means--(i) in the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it;(ii) in the case of a non-negotiable multimodal trans-port document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorised by the consignee to accept delivery of the consignment on his behalf. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (f)]It means voluntary transfer of possession from one person to another. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (2)]Must necessarily mean the point of time when the goods can be physically to the importer, Garden Silk Mills ...
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