S 89 - Law Dictionary Search Results
Home Dictionary Name: s 89Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
Cattle
Cattle [derived by Skinner, Menage, and Spelman fr. Capitalia, quac aspr copr ad caput pertinent, personal goods; in which sense Chttels is yet used. Mandeville uses Catele for price], beasts of pasture, either wild or domestic.The term, though often limited to horned domestic animals, may include (see Wright v. Pearson, LR 4 QB 582) horses and sheep; and also pigs and asses, R. v. Chapple, Russ & Ry. 77; R. v. Whitney, 1 Mood. 3.Means bulls, cows, steers, heifers and calves, Halsbury's Laws of England, Vol. 2, para 483, p. 246 [Animal Health Act, 1981, s. 89(1) (UK)]As to injury to cattle by a dog, see Dogs Act, 1906, in which, by s. 7, 'cattle' includes 'horses, mules, asses, goats and swine.' See Dog.As to larceny of cattle, see Larceny Act, 1916, s. 3, and as to killing cattle, etc., with intent to steal the carcase, skin, or any part of the animal killed, see s. 4.As to the malicious wounding of cattle, see (English) Malicious Damage Act, 1861, ss. 40 and 41.As to the prevention o...
House, Houses
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
Under-lease
Under-lease, a grant by a lessee to another, called under-lessee, or under-tenant, or sub-lessee, or sub-tenant, of a part of his whole interest under the original lease, reserving to himself a reversion; it differs from an assignment, which conveys the lessee's whole interest, and passes to the assignee the right and liability to sue and be sued upon the covenants in the original lease.An under-lease for the whole term of the original lease amounts to an assignment, Beardman v. Wilson, (1868) LR 4 CP 57.Between the original lessor and an under-tenant there is neither privity of estate nor privity of contract, so that these parties cannot take advantage, the one against the other, of the covenants, either in law or in deed, which exist between the original lessor and lessee [Holford v. Hatch (1779) 1 Dougl 183; Johnson v. Wild, (1890) 44 Ch D 146]; but the lessor can distrain on the sub-lessee or take advantage of a condition of forfeiture, G.W. Ry. v. Smith, (1876) 2 Ch D 253. By s. 4...
Promissory Note
Promissory Note, defined in the Bills of Exchange Act, 1882, s. 83, as 'an unconditional promise in writing, made by one person to another, signed, by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person or to bearer.' The note can require payment at a particular place, Josolyne v. Roberts, (1908) 2 KB 349. The person who makes the note is called the 'maker,' and the person to whom it is payable is called the 'payee': when it is negotiated by the indorsement of the payee, he is called the 'indorser,' and the person to whom the note is transferred is called the 'indorsee,' The Bills of Exchange Act, 1882, codifies the law relating to promissory notes, and by s. 89 of that Act all the provisions of the Act (with few exceptions) which relate to bills of exchange relate also to promissory notes. See BILL OF EXCHANGE.Means a promissory note as defined by the Negotiable Instrument Act, 1881. [Indian S...
Public Works Loans Act, 1875 (English)
Public Works Loans Act, 1875 (English), which repeals twenty-seven previous statutes on the same subject, makes provision for the constitution of a body to be called 'The Public Works Loan Commissioners,' who are authorized to make loans for certain public purposes which are enumerated in the first schedule to the Act. They are appointed every five years: see the Public Works Loans Act, 1930 (20 & 21 Geo. 5, c. 49). The Act of 1875 has been extended and amended by numerous Acts.Among the works for the purposes of which the Commissioners were authorized to lend money are as follows: Baths and wash-houses provided by local authorities; burial grounds provided by burial boards or, in Scotland, by either burial or parochial boards; construction or improvement of canals; conservation or improvement of rivers of main drainage; docks, harbours, and piers, and any work for which the Public Works Loan Commissioners are authorized to lend by s. 3 of the Harbour and Passing Tolls Act, 1861; impro...
Wharton's Rule
Wharton's Rule [after Francis Wharton (1820-89), American lawyer and author, who formulated it] : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons NOTE: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular crime). ...
Hobhouse's Act
Hobhouse's Act, the Vestries Act, 1831 (1 & 2 Wm. 4, c. 60), an adoptive Act for the better regulation of parish vestries, Repealed, except as. 39, s. to parish meetings in rural parishes under the Local Government Act, 1894, bys. 89 and Sched. II. of that Act....
Waste
Waste [fr. vastum, Lat.], any spoil or destruction in houses, gardens, trees, etc., by a tenant; as to what acts amount to waste, see Co. Litt. 53 a. It is either (1) legal, sub-divided into (a) voluntary or commissive, as where the tenant pulls down a house or a part thereof, or ploughs up ancient meadow, and (b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies against a tenant, whether for life or years, by virtue of the statute of Gloucester, 6 Edw. 1, c. 5. A tenant from year to year is liable for voluntary waste only. An injunction will be granted to restrain voluntary waste, as by ploughing up ancient meadow. See Woodfall, L. & T., and Aggs on Agricultural Holdings. A mortgagor in possession will be restrained from cutting down timber, for as the whole estate is the security for the money advanced, the mortgagor ought not ...
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