Section 17 - Law Dictionary Search Results
Home Dictionary Name: section 17 Page: 5 Page 5 of about 1,110 results (0.002 seconds)Jesuits
Jesuits, members of the Society of Jesus, a Roman Catholic religious order, founded in 1534 by Ignatius Loyola and confirmed by a Bull of Paul III. in 1540, its main object being to stem the tide of the Reformation by active propaganda. The Roman Catholic Relief Act, 1829 (10 Geo. 4, c. 7), by ss. 28-37, rendered Jesuits liable to banishment on conviction on indictment from the United Kingdom, and an attempt was made in 1902 to enforce the Act. See Law Journal Newspaper, 1st Feb., 1902, for judgment of Mr. Kennedy at the Marlborough Street Police Court on refusing a summons, and R. v. Kennedy, (1902) 86 LT 753, in which the High Court held that they had to jurisdiction to compel Mr. Kennedy to issue the summons; the sections were virtually a dead letter [Re Smith, (1914) 1 Ch 937], and are now repealed as to Great Britain by the Roman Catholic Relief Act, 1926 (16 & 17 Geo. 5, c. 55). See ROMAN CATHOLICS....
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Beset
Beset. S. 7 of the (English) Conspiracy and Protection of Property Act, 1875 (38 & 39 Vict. c. 86), makes it an offence to beset the house or place where another resides or works with a view to compel him to abstain from doing or to do any act which he has a legal right to do or abstain from doing. The effect of this section in the case of a trade dispute has been mitigated by s. 2 of the (English) Trade Disputes Act, 1906 (6 Edw. 7, c. 47), which legalizes 'peaceful picketing,' but by the (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5. C. 22), s. 3, attending in such numbers or manner as is declared to be unlawful by the Act shall be deemed to be a watching or besetting within s. 7 of the 1875 Act....
Betting
Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...
Borough Council
Borough Council, the body representing the bur-gesses of a municipal corporation by virtue of the (English) Municipal Corporations Act, 1882, and consisting of a mayor, alderman, and councillors, the councillors being elected by the burgesses, and the mayor and aldermen by the council. The councillors are elected for three years, one-third of their number going out annually. The aldermen are elected for six years, one half going out every third year. The mayor is elected for one year. The (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), has consolidated and amended the relevant sections of the 1882 Act, see ss. 17, et seq., of the 1933 Act; but it does not apply to London....
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
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