S 83 - Law Dictionary Search Results
Home Dictionary Name: s 83 Page: 2Inclosure
Inclosure, the fencing in by the lord of a manor of common or wasteland for the purpose of cultivation. The Common Law power (see APPRO-VEMENT) has been extended and regulated under very numerous private and also by public Acts, with the aid of 'Inclosure Commissioners,' whose powers under the Inclosure Act, 1845 (8 & 9 Vict. c. 118), are now vested in the Ministry of Agriculture. Under the Settled Land Act, 1925, s. 83, and see 3rd Sched., Part I., inclosing is an improvement for which no replacement of money is required and includes inclosing a garden by walls; see Re Earl of Dunraven's Settled Estates, (1907) 2 Ch 417. See Cooke on Inclosures, Chitty's Statutes, tit. 'Inclosure'; and COMMONS....
Reference
Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...
Brady material
Brady material [from Brady v. Maryland, 373 U.S. 83 (1963), in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process] : evidence known to the prosecution that is favorable to a defendant's case and material to the issue of guilt or to punishment and that the prosecution is obligated to disclose to the defense : exculpatory evidence known to the prosecution that must be disclosed ...
Reservoirs
Reservoirs. As to construction of reservoirs, see (English) Waterworks Clauses Acts, 1847 (10 & 11 Vict. c. 17) and 1863 (26 & 27 Vict. c. 93), and the (English) Reservoirs Safety Provisions Act, 1930 (20 & 21 Geo. 5, c. 51). For powers and procedure of local authorities to construct, lease or purchase reservoirs, see (English) Public Health Act, 1936, ss. 116-123, subject to the conditions imposed by the Acts. The (English) Limited Owners Reservoirs and Water Supply Further Facilities Act, 1877 (40 & 41 Vict. c. 31), gives limited owners power to form reservoirs and to charge their estates with the expense. Reservoirs are among the 'improvements' which may be made with capital trust money under the (English) Settled Land Act, 1882; see s. 25 (xiii.); now under the (English) Settled Land Act, 1925, s. 83, and 3rd Sch., Part I....
Campbell's (Lord) Acts (English)
Campbell's (Lord) Acts (English)-(1) for amending the practice in prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the compensation of the families of persons killed by negligence (q.v.). To found an action the death must have resulted from the act, neglect, or default of the defendant against whom an action founded on such act, neglect, or default would have lain at the suit of the deceased had he not succumbed to his injuries. The damages recoverable are strictly on the basis of compensation [e.g., funeral expenses not recoverable, Clark v. London General Omnibus Co., 1906 (2) KB 648]. The action, which is to compensate the wife, husband, parent, or child of the deceased, may be commenced by the executor or administrator, but if not instituted within six months, then any person interested may commence the proceedings. The acti...
Choultry
Choultry, 'choultry' is indeed an ancient institution and is principally meant for lodging of pilgrims and travellers. It is conceivable that in 1884, when the first municipal legislation was passed in Madras, such institutions were some humble sheds and other structures to enable the pilgrims to stay for a short while when they came to visit temples and other religious places. This institution, like similar others elsewhere, has come to stay as a symbol of religious and charitable disposition of human mind translated into physical manifestation in the shape of safe shelter for the pilgrims, Municipal Council Tirupathi v. Tirupathi Tirumalai Devasthanam, AIR 1974 SC 521 (523): (1974) 1 SCC 683. [T.N. District Municipalities Act, (5 of 1920), s. 83(1) (b)]...
Peace, Clerk of the
Peace, Clerk of the, an officer who acts as clerk at the Court of Quarter Sessions, and records all their proceedings. He may have county property conveyed to him under the County Property Act, 1858, and is clerk of the County Council by virtue of s. 83 of the (English) Local Government Act, 1888. See also (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5. c. 45). He may be removed for misbehaviour in his office under 1 M. & W. c. 21, by the justices in Quarter Sessions, as amended by the Clerks of the (English) Peace Removal Act, 1864 (see now (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), and the earlier Act also provides the form of oath not to pay for his appointment....
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
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...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
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