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Special Act Of Parliament - Law Dictionary Search Results

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Special Act of Parliament

Special Act of Parliament. Commonly called Local, Personal or Private Acts. See LOCAL AND PERSONAL ACTS. That which applies only to a particular kind of persons or things, as a particular railway to be constructed, or otherwise dealing with a particular area or person only, and therefore not overruled by the general terms of a general Act. See Taylor v. Oldham Corporation, (1876) 4 Ch D 410. But the term has received various statutory definitions; see (English) Public Health Act, 1875, s. 316, and (English) Railways Clauses Consolidation Act, 1845 (8 Vict. c. 20), s. 2. See also May's Parl. Pr., etc.; PRIVATE BILLS....


Company

Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...


Lands Clauses Consolidation Act, 1845, (English)

Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...


Electric lighting

Electric lighting. The supply of electricity for light-ing is facilitated and regulated by the (English) Electric Lighting Act, 1882 (45 & 46 Vict. c. 56). Under this Act powers may be obtained either (1) by license from the Board of Trade; or (2) by Provisional Order of the Board of Trade, needing confirmation by special Act of Parliament; or (3) by special Act of Parliament. The (English) Electric Lighting Clauses Act, 1899 (62 & 63 Vict. c. 19), has incorporated in one Act the usual clauses of provisional orders and special Acts, and directed that such clauses are to apply to every undertaking under the Electric Lighting Acts except so far as expressly varied. These licenses and orders may either be granted to the local authorities themselves or, with their consent, to independent contractors. Licenses continue in force for any period not exceeding seven years, but are renewable. By s. 27 of the (English) 1882 Act an undertaking autho-rized by provisional order or special Act may be...


Improvement of towns

Improvement of towns. The (English) Towns Im-provement Clauses Act, 1847 (10 & 11 Vict. c. 34), 'comprises in one Act sundry provisions usually contained in' special Acts of Parliament theretofore passed 'for paving, draining, cleansing, lighting, and improving towns and populous districts,' to avoid the necessity for repeating such provisions in each special Act, and to ensure greater uniformity in the provisions themselves.Of this Act, ss. 64-83, which relate to the naming of streets and numbering of houses, to the improving the line of streets and removal of obstructions, to the securing or demolition of ruinous buildings, and to the taking precaution during the erection of works, and ss. 125-131, which relate to slaughter-houses, are incorporated with the (English) Public health Act, 1875, by ss. 160, 169 of that Act.The Town and Country Planning Act, 1932 (English) (22 & 23 Geo. 5, c. 48), a codifying Act, repealing the (English) Town and Country Planning Act, 1925, authorises loc...


Audit

Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...


Stipendiary Magistrates

Stipendiary Magistrates, paid magistrates ap-pointed in the Metropolis under the (English) Metropolitan Police Courts Act, 1839; in municipal boroughs, on petition by the council to the Secretary of State, under the (English) Municipal Corporations Act, 1882, s. 161, reproducing s. 99 of the repealed (English) Municipal Corporations Act, 1835; in places of 25,000 inhabitants or more, on like representation by the local board, etc.; under (English) the Stipendiary Magistrates Act, 1863; and in some other places, e.g., Manchester, by special Act of Parliament. They must be barristers of at least seven years' standing in the metropolis and municipal boroughs; under the (English) Stipendiary Magistrates Act, 1863, they may be of five years' standing. By the (English) Stipendiary Magistrates Act, 1858, they may do alone all acts authorized to be done by two justices of the peace. a stipendiary magistrate cannot sit at general or quarter sessions. As to deputies, see 32 & 33 Vict. c. 34 and ...


Cemetery

Cemetery [fr. Koimhthriou, Gk., fr. Koim'w, to set to sleep], a place of burial differing from a churchyard by its locality and incidents; by its locality, as it is separate and apart from any parochial church, though it has ordinarily a chapel of its own for the performance of a burial service; by its incidents, as it is usually the property of some private company, incorporated by special Act of Parliament, empowered to take land compulsorily, and subject to the Cemeteries Clauses Act, 1847 (10 & 11 Vict. c. 65) (see Chitty's Statutes, tit. 'Burial'), by which, amongst other things, provision is made for obtaining a burial place in perpetuity....


Act of Parliament

Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...


Debenture

Debenture [fr. debeo, Lat., to owe] may be defined generally as a charge in writing [not necessarily sealed, see British India, etc., Co. v. Commissioners of Inland Revenue, (1881) 7 QBD 165] of certain pro-perty with the repayment at a time fixed of money lent by person therein named at a given interest, but the term is a very elastic one. The word 'debenture' is of ancient origin and appears to have been in use five centuries ago (Palmer's Company Precedents, Pt. III., p. 1); and a document which, though it mentions to security and is only a promise to pay, is properly described as a debentures, and as a marketable security will require to be stamped as such, Spenyer v. Inland Revenue Commissioners, (1907)1 KB 246. By the (English) Companies Act, 1929, s. 380, a debenture is defined as including debenture stock, bonds or other securities of a company whether constituting a charge on the assets of the company or not. The charge created by debentures as a rule is fixed on the company's...


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