S 9 - Law Dictionary Search Results
Home Dictionary Name: s 9 Page: 2 Page 2 of about 10,714 results (0.009 seconds)County Councils
County Councils. The elective bodies established by the Local Government Act, 1888 (c. 41), to manage certain specified administrative business of each county (see LOCAL GOVERNMENT), formerly managed by the justices of the peace (who are nominated by the Crown) in quarter sessions,and other administrative business mentioned in the Act, and consisting of 'the chairman, aldermen, and councillors.' The (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), consolidates with amendments the enactments relating to local authorities.The councillors are elected, for separate electroal divisions,' the qualification for elctors being that required under the Representation of the People Acts, and the qualification for being elected similar to that required for electionto office onany local authority. Ministers of religion are not disqulaified, and peers owing property in the county and persons registered as parliamentary voters in respect of the ownership of property in the county are qual...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
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...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Dog
Dog. Draught.--The (English) Protection of Animals Act, 1911, s. 9, and the (English) Protection of Animals (Scotland) Act, 1912, s. 8, prohibit, under a penalty, the use of any dog in England or Scotland for the purpose of draught.Licenses.--Dog licenses are regulated by the (English) Dog Licenses Act, 1867 (30 Vict. c. 5), as amended by 32 & 33 Vict. c. 14, s. 38, 41 Vict. C. 15, ss. 17-23, and 42 & 43 Vict. c. 21, s. 26. They commence on the day of grant, and terminate on the 31st of December following; but procuring a license on the day of a conviction will not avoid the penalty up to 5l. under s. 8 of the Act of 1867, Campbell v. Strangways, (1877) 3 CPD 105. The present duty is 7s. 6d., to which it was raised from 5s. by the (English) Customs and Inland Revenue Act, 1878 (41 & 42 Vict. c. 15), and this s. is amended by s. 5 of the (English) Dogs Act, 1906. See Johnson v. Wilson, (1909) 2 KB 497. No duty is payable for dogs under six months old (Act of 1867, s. 10), or hound whelp...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Shop
Shop, a place where thins are kept for sale, usually in small quantities, to the actual consumers. By (English) Shops Act, 1912, s. 19, 'shop' includes any premises where any 'retail trade or business' is carried on; 'retail trade or business' includes the business of a barber or hairdresser, but not the sale of programmes, etc., at places of amusement.A business establishment or place of employment; a factory, office, or other place of business, Black's Law Dictionary, 7th Edn., p. 1384.The (English) Shops Act, 1934, deals with the employment of persons under eighteen years, repealing s. 2 of the (English) Shops Act, 1912; but the other provisions are unaffected. The 1934 Act, s. 1, provides that no young person (under eighteen) shall be employed for more than the normal maximum working hours, that is, forty-eight hours in any week; it makes restrictions on right employment, has special provisions as to the catering trade, the sale of accessories for Aircraft, motor vehicles and cycle...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Tax admitted
Tax admitted, the expression 'tax admitted' in the proviso to s. 9(1) of the U.P. Sales Tax Act, 1948 means that admitted in the memorandum of appeal, s. 9 can be made wholly useless. All that an assessee has to do is not to admit his liability in the memorandum of appeal, whatever his stand might have been before the assessing authority. Ordinarily no interpretation should be placed on a provision which would have the effect of making the provision either otios or a dead letter. Further, to find out the true meaning of the expression 'tax admitted' one must take into consideration the remaining words of the proviso namely 'or such instalments thereof as may become payable'. Those words furnish a key to the interpretation. If one of the conditions for maintainability of the appeal is payment of the instalments which have become payable under r. 41(2), it means that the admission that has got to be taken into consideration is that made before the assessing authority and not before the a...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
- << Prev.
- Next >>