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Simultaneous Death Act - Law Dictionary Search Results

Home Dictionary Name: simultaneous death act

simultaneous death act

simultaneous death act : an act providing for the disposition of property or insurance benefits when there is no sufficient evidence that persons (as spouses) died other than simultaneously (as in an accident) NOTE: The simultaneous death act is a uniform act that has been adopted by most states. It covers situations where the title to or transfer of property depends on priority of death. In general, for determining the disposal of property, each decedent is considered to have survived the other, and an insured individual is considered to have survived a beneficiary. ...


Death

Death. As to the registration of a death, see (English) Births and Deaths Registration Act, 1926 (16 & 17 Geo. 5, c. 48), 37 & 38 Vict. c. 88, 6 & 7 Wm. 4, c. 86, and 7 Wm. 4 & 1 Vict. c. 22. As to an action brought for damages arising from death by accident, neglect, etc., see the (English) Fatal Accidents Acts, 1846 (9 & 10 Vict. c. 93) [(English) Lord Campbell's Act] to 1908, as amended by (English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), s. 2 (q.v.). as to the effect of death after the commencement of an action, see (English) Law Reform (Miscellaneous Provisions) Act, 1934. Apart from these statutes, at Common Law no civil claim for damages can be brought for the death of a human being, Baker v. Bolton, (1808) 1 Camp 493; The Amerika, 1914, P. 167. See BIRTHS, DEATHS AND MARRIAGES; ACTIO PERSONALIS; LAW REFORM; and Public Health Act, 1936 (deaths from infectious diseases). As to punishment of death, see CAPITAL PUNISHMENT.Homicide; includes suicide ...


Sentence of death, Recording of

Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....


Foetal death

Foetal death, means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy. [Registration of Births and Deaths Act, 1969 (18 of 1969), s. (c)]...


Births, Marriages, and Deaths

Births, Marriages, and Deaths. By the (English) Births and Deaths Registration Act, 1836 (6 & 7 Wm. 4, c. 86), amended by the (English) Births and Deaths Registration Act, 1837 (7 Wm. 4 & 1 Vict. c. 22), a General Register Office is provided for keeping a register of births, deaths, and marriages in England. The Births and Deaths Registration Act, 1874 [37 & 38 (English) Vict. c. 88], amends the laws relating to the Registration of Births and Deaths in England in important particulars, and consolidates the law relating to the registration of births and deaths at sea. This Act (s. 1) imposes upon the father and mother of a child, and in their default, upon the occupier of a house in which to his knowledge a child is born, the duty of giving information to the registrar within 42 days. By s. 10 a corresponding obligation to register a death is imposed upon relatives, etc.By s. 203 of the (English) Public Health Act, 1936, births of any child alive or dead after the twenty-eighth week of ...


Death duties

Death duties. These are (1) the Estate Duty, which, by the (English) Finance Act, 1894 (57 & 58 Vict. c. 30), superseded the Probate or Administration Duty leviable under the Stamp Act, 1815, and the Account Duty leviable under the (English) Customs and (English) Inland Revenue Act, 1881; (2) the Succession Duty leviable under the (English) Succession Duty Act, 1853; (English) and (3) the Legacy Duty leviable under the Stamp Act, 1815:- duties leviable on the passing of property by the death of a person to his successors; (4) Settlement Estate Duty was abolished in respect of all deaths after 11th May, 1914, (English) Finance Act, 1914, s. 14. It consisted of 1 per cent., increased to 2 per cent. by the (English) Finance (1909-10) Act, 1910, in addition to other duties on settled property. It was not payable on property settled before August 1st, 1894, and certain allowances are accorded by the (English) Finance Act of 1914. It is still payable in respect of deaths on or before May 11t...


Workmen's Compensation Act

Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...


Simultaneity

The quality or state of being simultaneous simultaneousness...


Death penalty

Death penalty, means death by hanging. The punishment only for high treason and piracy with violence. The capital punishment for murder was abolished by the murder (Abolition of Death Penalty) Act, 1965 and a sentence of life imprisonment substituted, Dictionary of Law, L.B. Curzon, 4th Edn., 1993, p. 53 [Murder (Abolition of Death Penalty) Act, 1965 (UK)]....


liability

liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...


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