Section 38 - Law Dictionary Search Results
Home Dictionary Name: section 38 Page: 7Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Improvement area
Improvement area. Local authorities who have passed a resolution under the provisions of the (English) Housing Act, 1930, s. 7, declaring an area (under conditions similar to those indicated in regard to clearance areas) to be an improvement area, may call upon owners to demolish houses which are unfit for habitation or else to execute all necessary works by notice under ss. 9(1) and 19 of the (English) Housing Act, 1936, and may also purchase land for opening out the area by agreement or compulsorily; see ss. 38 and 39 of the 1936 Act.Before taking action under the resolution the local authority must give an undertaking to find suitable accommodation for persons who may be displaced from working-class houses. Compensation to owners upon expropriation is provided for by ss. 40 and 42 and the 4th Schedule owners may appeal to the County Court against demolition orders under s. 15. The general procedure is regulated by s. 38 and the 1st Schd. See (English) Housing Act, 1936; IMPROVEMENTO...
Fire-plugs
Fire-plugs. As to the duty of urban authorities to provide fire-plugs, see (English) Public Health Act, 1875 (38 & 39 Vict. c.55), s. 66, and (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 34), s. 124. As to the like duty of undertakers of waterworks, see (English) Waterworks Clauses Act, 1847 (10 & 11 Vict. c. 17), ss. 38-43. As to the metropolis, see 34 & 35 Vict. c. 113, s. 34....
Clerk of the Crown in Chancery
Clerk of the Crown in Chancery. See (English) Great Seal (Offices) Act, 1881 (37 & 38 Vict. c. 81), s. 8, by which this officer performs the duties of clerk of the hanaper (see HANAPER) and receives ballot papers, etc., after a parliamentary election from the returning officers under Rule 38 of Schedule I. of (English) the Ballot Act, 1872 (35 & 36 Vict. c. 33).The head of the permanent staff of the crown office in chancery responsible for reading the titles of bills in the house of lords, sending out writs of summons to peers, and issuing election writs, Black's Law Dictionary, 7th Edn....
Exchange, Deed of
Exchange, Deed of [fr. excambium, Lat.], an original Common Law conveyance, for the reciprocal transfer of interests ejusdem generis, as fee simple for fee simple, legal estate for legal estate, copyhold for copyhold of the same manor, and the like the one in consideration of the other. It takes place between two distinct contracting parties only, although several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4]. An actual entry upon the pro-perty exchanged by the parties themselves to the deed was essential. The exchange was void if either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of limitation in course of descent, but by the L.P. Act, 1925, s....
Endowed schools
Endowed schools. Schools wholly or partly maintained out of an endowment. The (English) Endowed Schools Acts are 23 Vict. c. 11; 31 & 32 Vict. c. 32; 32 & 33 Vict. c. 56; 36 & 37 Vict. c. 87; 38 & 39 Vict. c. 29; and 42 & 43 Vict. c. 66; since which statutes their temporary provisions have been continued by (English) Annual Expiring Laws Continuance Acts. The principal Act is that of 1869 (32 & 33 Vict. c. 56), which provided for the reorganization of endowed schools generally (ex-cepting those subject to the (English) Public Schools Act, 1868, as to which see PUBLIC SCHOOLS) through the medium of 'schemes' to be framed by the 'Endowed Schools Commissioners,' whose powers were transferred by the (English) Act of 1874 (37 & 38 Vict. c. 87), to the Charity Com-missioners, and are now vested in the Board of Education. As to the dismissal of masters, see the (English) Endowed Schools (Masters) Act, 1908 (8 Edw. 7, c. 39), and Wright v. Zetland (Marquess), (1908) 1 KB 63. As to inspection o...
Contesting candidates
Contesting candidates, these contesting candidates within the phraseology which has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal. These are the contesting candidates within the meaning of that term as used in the Act and they are normally expected to go to the poll, K. Kamaraja Nadar v. Kunju Thevar, AIR 1958 SC 687 (694). [Representation of the People Act, 1951, s. 38]...
Account stated
Account stated, An account stated is the admission of a balance due from one party to another, and that balance being due there is a debt; the statement of the account and the admission of the balance implies a promise in law to pay it; see Irving v. Veitch, (1837) 3 M&W 106. The account must have been stated before action brought. An account stated, however, creates only a prima facie liability, which may be rebutted by disputing the debts charged in the account, as, for instance, by proving mistake (among other ordinary defences); Camillo Tank Steamship Co. v. Alexandria Engineering Works, (1921) 38 TLR 134. For statutory power to re-open an account stated, see MONEY LENDERS ACT. By the Infants Relief Act, 1874 (37 & 38 Vict. c. 62), s. 1, an account stated with an infant is void.The expression 'account stated' has more than one meaning. It sometimes means a claim to payment made by one party and admitted by the other to be correct. There is, however, a second kind of account stated ...
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
- << Prev.
- Next >>