S 81 - Law Dictionary Search Results
Home Dictionary Name: s 81 Page: 2Glass
Glass. By the (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 81(1), every person who steals or with intent to steal breaks any glass belonging to any building, shall be guilty of a felony punishable as in the case of simple larceny.By (English) Carriers Act, 1830 (11 Geo. 4 and 1 Will. 4, c. 68), s. 1, a carrier is not liable for loss or damage above 10l. unless such glass has been declared and an increased charge accepted.As to deposit in streets and the power of making byelaws to prevent such a nuisance, see (English) Highways Act, 1835 (5 & 6 Will. 4, c. 50), s. 72; (English) Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 16; Public Health Act, 1875 (38 & 39Vict. c. 55), s. 171; (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 28. (English) Under Factories and Workshops Act, 1901 (1 Edw. 7, c. 22), 'Glass works' is a non-textile factory; see ss. 40, 78, regarding meals and meal-times in such works; as to night employment of persons of fourteen and...
Client
Client [fr. cliens, Lat., said to contain the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor's costs (English) (Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), s. 81). The relation between solicitor and client is a highly confidential one, and the power which his situation gives the former over the latter makes it impossible to be perfectly assured, in certain cases, whether in their transactions the client is a free agent, or under influence and imposition. A Court of Equity, therefore, ...
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Not negotiable
Not negotiable. These words are sometimes added as part of the crossing of a cheque, with the result that no one who takes the cheque can have or can give a better title than the person had from whom he took it, see Bills of Exchange Act, 1882, s. 81; G.W. Ry. Co. v. London and County Bank, 1901 AC 422. [S. 130, Negotiable Instrument Act]A warrant for interest on War Stock signed by the Chief Accountant of the Bank of England and crossed '& Co.,' not negotiable, directing the bank's cashiers to pay a certain sum to the order of a certain person is a cheque within the meaning of the Bills of Exchange Act, 1882, and a 'warrant for payment of a dividend' within s. 95 of the same Act. A banker in good faith and without negligence receiving payment for a customer who has no title is entitled to the protection of s. 82 of the Act [Slingsby v. Westminster Bank Ltd., (1931) 1 KB 173; see also Imports Company Ltd. v. Westminster Bank Ltd., (1927) 2 KB 297; and R.E. Jones Ltd. v. Waring and Gill...
Commissioners, Perpetual
Commissioners, Perpetual, for taking acknowledge-ments of married women under the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), and the (English) Married Women's Reversionary Interests Act, 1857 (20 & 21 Vict. c. 5), Chitty's Statutes, tit. 'Fines and Recoveries.' See s. 81 of the (English) Judicature Act, 1881, proper persons were appointed such Commissioners by the Lord Chief Justice of England from time to time. The (English) Law of Property Act, 1925, s. 167, has abolished the statutory requirements for acknowledgments by married women as respects settlements executed after 1925....
Approved schools
Approved schools. These schools are schools intended for the education and training of persons to be sent there in pursuance of the Children and Young Persons Act, 1933 (see s. 79(1) and approved by the Secretary of State. They are regulated by ss. 79-83 of that Act. Local authorities may under certain circumstances undertake the purchase, establishment, building, alteration, enlargement, rebuilding or management of an approved school (s. 80). The Secretary of State may classify approved schools as he thinks best calculated to secure that a person sent to an approved school is sent to the school appropriate to his case. With certain exceptions the managers of an approved school are bound to accept any person sent there in pursuance of the Act (s. 81). The expression 'approved school' was first used in the Children and Young Persons Act, 1932, which was declared to apply in relation to a school which at the commencement of this Act is a certified reformatory school or a certified indust...
Marshalling
Marshalling, the act of arranging or of putting into proper order.The doctrine of marshalling assets and securities depends upon the principle that a person, having two funds out of which to satisfy his demands, shall not, by his election, prejudice a person who has only one such fund. If, therefore, one who has a claim upon two funds resorts to the only fund upon which another has a claim, the latter stands in his place for so much against the fund to which otherwise he could not have access: the object being that every claimant shall be satisfied as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of such claims.In the administration of the estate of deceased persons, marshalling consists of arranging the assets so as to give effect to the priority of debts, as to legal assets on the one hand, and to the order of assets on the other. now that all the assets are liable to be applied for t...
Waiver clause
Waiver clause. That clause in the prospectus of a joint stock company, or in the application for its shares, which, as in Greenwood v. Leather Shod Wheel Co., (1900) 1 Ch 421 (where it was held bad), waives claims of shareholders against directors for damages caused by the issue of a prospectus not disclosing contracts as required by s. 38 of the Companies Act, 1867. An honest waiver clause protected the defendant in Calthorpe v. Tait, 1906, AC 24. These waivers are rendered void by s. 35 (2) of the Companies Act, 1929, replacing s. 81 (4) of the Companies (Consolidation) Act, 1908. Consult buckley on the Companies Acts...
Medical treatment
Medical treatment. s. 80 of the (English) Education Act, 1921, imposes a duty on the local education authority of medical inspection of children attending a public elementary school and of attending to their health and physical condition. The cost of medical treatment may be recovered from the parent [s. 81 of (English) Education Act of 1921]....
Spitting a cause of action
Spitting a cause of action, suing for only a part of a claim or demand, with a view to suing for the rest in another action. This is not permitted in the county courts. See Grimbly v. Ackroyd, (1847) 1 Ex 479, and s. 67 of the County Courts Act, 1934, replacing s. 81 of the (English) County Courts Act, 1888....
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