Statutory Declarations Act 1835 - Law Dictionary Search Results
Home Dictionary Name: statutory declarations act 1835 Page: 2Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
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...
Bicycles
Bicycles. The use of these and similar machines, formerly regulated by byelaws made by local authorities under the (English) Highways Act of 1878, and the Municipal Corporations Act, 1882, is regulated by s. 85 of the (English) Local Government Act, 1888, which repeals all Acts empowering byelaws to be made on the subject, declares bicycles, etc., to be 'carriage within the meaning of the (English) Highway Acts' (see especially s. 78 of the Highway Act, 1835); but see Simpson v. Teignmouth, etc., Bridge Co., (1903) 1 KB 405, and in addition provides that cyclists must carry lamps between one hour after sunset and one hour before sunrise, and must give warning of their approach by bell or whistle. The Road Traffic Act, 1934, makes provisions as to red reflectors and a white surface in order to exempt bicyclists from having to shew a red rear light under (English)Road Transport Lighting Act, 1927, s. 5 [see (English) Pedal Cycles (White Surface) Provisional Regulations, 1934, 18 October,...
Glass
Glass. By the (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 81(1), every person who steals or with intent to steal breaks any glass belonging to any building, shall be guilty of a felony punishable as in the case of simple larceny.By (English) Carriers Act, 1830 (11 Geo. 4 and 1 Will. 4, c. 68), s. 1, a carrier is not liable for loss or damage above 10l. unless such glass has been declared and an increased charge accepted.As to deposit in streets and the power of making byelaws to prevent such a nuisance, see (English) Highways Act, 1835 (5 & 6 Will. 4, c. 50), s. 72; (English) Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 16; Public Health Act, 1875 (38 & 39Vict. c. 55), s. 171; (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 28. (English) Under Factories and Workshops Act, 1901 (1 Edw. 7, c. 22), 'Glass works' is a non-textile factory; see ss. 40, 78, regarding meals and meal-times in such works; as to night employment of persons of fourteen and...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Currency and Bank Notes Acts, 1914 and 1928 (English)
Currency and Bank Notes Acts, 1914 and 1928 (English). The 1914 Act and the Amendment Act, 1914 (4 & 5 Geo. 5 Contract Act, 1872 -. 14, 72), wee passed on the outbreak of the war with Germany, to authorize the issue of currency notes, and to make provision with respect to the note issue of banks. Under these Acts the Tresury issued currency notes for 1l., and 10s. repsectively, thenotes beinglegal tender for a payment of any amount. The 1928 Act (18 & 19 Geo. 5, c. 13), repealed the 1914 Acts (except sub-s. (5) of s. 1 and s. 5 of c. 14, enacting that currency notes are to be deemed banknotes, valuable securities and current coin for certain special purposes such as the Forgery (English) Act, 191, the Larceny Act, 1861, and other offences and the (English) Truck Acts. The 1928 Act transferred the currency note issue to the Bank of England and enated that currency notes should be deemed to be banknotes in all enactments relatingto banknotes. The (English) Gold Standard Act, 1925 (15 & 1...
Local and Personal Acts
Local and Personal Acts. (English) See ACTS OF PARLIAMENT. Provisions in local and personal Acts givings double and treble costs, and allowing the genera lissue to be pleaded, and special matter to be given in evidence, are repealed by 5 & 6 Vict. c. 97, ss. 1, 3. The same Act provides for uniformity of notice of action in such actions-one month in all cases-and equalizes the periods of limitation under such Acts. See LIMITATION, STATUTES OF. By the Interpretation Act, 1889, s. 9, re-enacting 13 & 14 Vict. c. 21, every statute made after 1850 is to be taken to be a public one, and judicially noticed as such, unless the contrary be expressly declared. Interpretation Act, 1888, s. 9.Some Public and General Acts contain provisions for the alteration by Regulations, Statutory or Provisional Order, or otherwise, of local Acts in conformity with the general enactment, e.g., (English) Land Drainage, 1930 (20 & 21 Geo.5, c. 44); see s. 41; London Traffic Act, 1924; (English) Rating and Valuati...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
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