S 67 - Law Dictionary Search Results
Home Dictionary Name: s 67 Page: 2Election petitions
Election petitions are petitions for inquiry into the validity of the elections of members of Parliament. They are tried by a puisne judge of the High Court in the King's Bench Division [(English) Parliamentary Elections Act, 1868, s. 11; the Judicature Act, 1925, s. 67; the (English) Parliamentary Elections and Corrupt Practices Act, 1879]. The judges selected for this duty are known as election judges. See Fraser's Parl. Elect....
Accessary, or Accessory
Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In mansla...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Register
Register [fr. giter, Fr., to lodge], a public books serving to enter and record memoirs, Acts, and minutes, to be had recourse to for the establishing matters of fact; as the register of companies under the (English) Companies Act, 1929; of bills of sale under the (English) Bills of Sale Acts, 1878 and 1882; and (English) Administration of Justice Act, 1925, s. 23; of births, deaths, and marriages, and of baptisms; and of parliamentary, municipal, county, district, and parochial electors.Means the register of patents referred to in s. 67. [The Patents Act, 1970, s. 2(x)]...
Workshop
Workshop, for the purpose of (English) Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), means hat works, rope works, bakehouses, lace warehouses, shipbuilding works quarries, pit banks, dry-cleaning, carpet-beating, and bottle-washing works, and any premises named in Part II. of the 6th Schedule, not being a 'factory' where manual labour is used for gain, or for making, repairing, or adapting for sale any article, in premises to which the employer has a right of access, including laundries, as provided by the (English) Factory and Workshop Act, 1907 (7 Edw. 7, c. 39), s. 1; all consolidated and repealed by the Factories Act, 1937, and of FACTORY.Means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of s. 67 of the Factories Act, 1948 for the time being, apply. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2(x)]...
Vancouver's Island
Vancouver's Island. See 12 & 13 Vict. c. 48; 21 & 22 Vict. c. 99, s. 6; 29 & 30 Vict. c. 67 (providing for union with British Columbia); 33 & 34 Vict. c. 66, and British North America Act, 1930 (20 & 21 Geo. 5, c. 26), confirming the agreement between British Columbia and the Dominion of Canada....
Agricultural rates
Agricultural rates, The (English) Agricultural Rates Act, 1896, as amended by the (English) Agricultural Rates Act, 1923, provides that the occupier (including the owner if rated in place of the occupier) of agricultural land shall be liable to one quarter only of the rate in the pound payable in respect of buildings and other hereditaments. These exemptions were preserved by the (English) Rating and Valuation Act, 1925, s. 22, but agricultural land and buildings are now entirely derated, see the (English) Rating and Valuation (Apportionment) Act, 1928, and the Local Government Act, 1929, s. 67....
Baronet
Baronet [fr. Baron, Fr., and et, diminutive termination], the holder of a dignity of inheritance created by letters-patent, and descendible to the issue male. The order was instituted in 1611 by James I., who conferred the dignity in consideration of the payment of 1,000l. to the Crown, the money so raised being applied to pay the troops sent to quell an insurrection in the province of Ulster in Ireland. The number was at first 200, but has since much increased.By a Royal Warrant (see The Times, Feb. 12, 1910) an official Roll of Baronets is kept, and no one who is not on that roll is received as a baronet or entitled to be addressed as such.As an incorporeal hereditament a baronetcy is 'land' within the meaning of 'land,' see (English) L.P. Act, 1925, ss. 201(1) and 130(2), with the necessary qualifications arising by reason of the inherent nature of a title of honour, and see S.L. Act, 1928, s. 67 [Re Rivett-Carnac, (1885) 30 Ch D 136]....
Designated fixed 'capital account
Designated fixed 'capital account', in relation to a partnership, means an account (1) which is prepared and designated as such under the terms of the partnership agreement; (2) which shows capital contributed by the partners; (3) from which, under the terms of the agreement, an amount representing capital may only be withdrawn by a partner if (a) he ceases to be a partner and an equal amount is transferred to a designated fixed capital account by his former partners or any person replacing him as their partner; or (b) the partnership is otherwise dissolved or wound up, Banking Act, 1987, s. 67(4) (UK) Halsbury's Laws of England 3(1), para 123, p. 106....
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