S 86 - Law Dictionary Search Results
Home Dictionary Name: s 86Building Acts (English)
Building Acts (English). The Acts commonly so called apply only to the metropolis, and have been called the Metropolitan Building Acts. The Metropolitan Building Acts, 1855 and 1862 (which were public general Acts), and their amending enactments wee repealed and re-enacted with many amendments by the local and personal London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), and its amending Acts of 1898 and 1905. These in their turn are repealed by the London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.). see LONDON BUILDING ACT.The old Building Act, par excellence, the (English) Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), although otherwise partial and repealed, has two ss., 83 and 86, which are still in force and (it is submitted) of universal application. See as to s. 86, Ex parte Goreley, (1864) 4 De G. J. & S. 477, but compare Westminster Fire Office v. Glasgow Provident Society, (1888) 13 App Cas 167, per Lord Watson. s. 33 provides for the application of insuranc...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Probation
Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, ha...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
Snow
Snow. Nuisances arising from snow may be pre-vented by bye-laws of local authorities under s. 81 of the (English) Public Health Act, 1936, but, in case of conflict, a regulation under the London Traffic Act, 1924, s. 10, is to prevail over any bye-law. If any obstruction shall arise in any highway from accumulation of snow, the surveyor is required from time to time, and within twenty-four hours after notice thereof from any justice of the peace of the county in which the parish may be situate, to cause the same to be removed, by s. 26 of the (English) Highways Act, 1835: Chitty's Statutes, tit. 'Highways.' Snow is included in the 'street refuse' which London sanitary authorities must, as far as reasonably practicable, remove from the street, by s. 86 of the (English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50); Chitty's Statutes, tit. 'Public Health (Metropolis)'; but the fine up to 20l. was held to be the only liability o the authority if in default, Saunders v. Ho...
Fire
Fire. No action for damages lies against any person in whose house, etc., a fire shall accidentally begin: Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which s. and s. 83 are the only unrepealed sections of the Act.To discharge or dismiss a person from employment; to terminate as employee. Black's Law Dictionary, 7th Edn.Fire Engines.--The maintenance of fire engines in urban sanitary districts is provided for by the Public Health Act, 1875, s. 171, which incorporates ss. 30-33 of the (English) Town Police Clauses Act, 1847, in the (English) Metropolis by the Fire Brigade Act, 1865, and in parishes by the (English) Parish Fire Engines Act, 1898 (61 & 62 Vict. c. 38), and the Acts therein recited.By s. 90 of the (English) Public Health Amendment Act, 1907, local authorities can agree for the common use of fire engines and appliances; ss. 87-89 of the same Act give the police certain powers of breaking into premises and regulating traffic upon the out break of a fir...
Manager
Manager, a superintendent, a conductor, or director. As to the appointment of a manager of a business at the instance of a mortgagee, see Coote on Mortgages. As to managers appointed by debenture holders, see (English) Companies Act, 1929, s. 86, and Part VI. Of that Act relating to receivers and managers. As to special manager.[See (English) Bankruptcy Act, 1914, s. 10; (English) Companies Act, 1929, s. 209]Manager means a person who, subject to the control and direction of the directors, has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract or service or not. It will be clear that to satisfy the aforesaid definition a person, which could include a firm, body corporate or an association of persons, apart from being in management of the whole affairs of a company had to be 'subject to the control and direction of the directors'. This definition has underg...
Engine
Engine. As to malicious injuries to engines and machinery, see Malicious Damage Act, 1861, ss. 11, 14, 15; and as to placing wood, etc., on any railway, with intent to obstruct or overthrow any engine, see s. 35. The use of locomotive engines on railways is authorized by the Railways Clauses Consolidation Act, 1845, s. 86, and regulated by s. 116 of that Act. The Railway Fires Act, 1905, as amended by the Railway Fires Act (1905) Amendment Act, 1923, gives compensation for damage by fires caused by sparks or cinders from railway engines; see Martin v. G.E. Railway, (1912) 2 KB 406; A.-G. v. G.W. Railway, (1924) 2 KB 1. See TRACTION ENGINE and SMOKE....
Metals, dealers in old
Metals, dealers in old, defined as any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such Articles only, or together with second-hand goods or marine stores, and the term 'old metals' means the said Articles. See (English) Old Metal Dealers Act, 1861 (24 & 25 Vict. c.110), relating to their trade requiring registration, and giving powers of visitation and search to the police; s. 13 of the (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), by which any dealer in old metals who purchases any lead, copper, brass, tin, pewter, or German-silver in any quantity at one time less than 112 lb. in the case of lead, or than 56 lb. in the case of the other metals above mentioned, is guilty of an offence against the Act, and liable to a penalty not exceeding 5l. See also (English) Public Stores Act, 1875, ss. 9, 10, and 11 and Public Health Amendment Act,...
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