Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Right to work, Right to work as a fundamental right can only be considered in fundamental right in those cases where there is a legislative guarantee in the form of legislation. In the absence of right to work being fundamental right it will not fall within expression life under Article 21 and if so would not fall within expression life under Article 21 and if so would not fall within definition of human rights as set out under section 2(d) of the Act, State of Maharashtra v. Smt. Sobha Vitha Kolee, AIR 2006 Bom 44....
Scotland and Ireland. As to service of writ, by leave of judge, upon a defendant resident in Scotland or Ireland, see (English) R.S.C. Ord. XI., rr. 1 (e), 2 and 2A; Williams v. Cartwright, (1895) 1 QB 142. Process for compelling the attendance of witnesses from Scotland or Ireland before English Courts and vice versa may be issued under 17 & 18 Vict. c. 34. Appeals from courts in Scotland and Northern Ireland are heard by the House of Lords under s. 3 of the App. Jur. Act, 1876: see also Irish Free State (Consequential Provisions) Act, 1922 (Session 2), Sch. I., 6 (3); but appeals from the Supreme Court of the Irish Free State are to the Privy Council. [see Irish Free State Constitution Act, 1922 (Session 2), Sch. I., Art. 66]The removal of Scottish and Irish poor from England to Scotland or Ireland is regulated by 8 & 9 Vict. c. 117, 10 & 11 Vict. c. 33 (Scotland); 24 & 25 Vict. c. 76 (Ireland); 25 & 26 Vict. c. 113, and 26 & 27 Vict. c. 89 (Ireland); but irremovability to Ireland is...
Stamp duties, a branch of the revenue. They are a tax imposed on all parchment and paper whereon certain legal proceedings and certain private ins-truments re written; and on licences for various purposes.The consolidating Stamp Act, 1870, superseded the very numerous older enactments [in great part repealed by the (English) Inland Revenue Repeal Act, 1870 (33 & 34 Vict. c. 90)] in regard to the duty on the various classes of instruments, but by s. 17 of the Stamp Act, 1870 (re-enacted by s. 14 of the Stamp Act, 1891), reversing the former law, see Buckworth v. Simpson, (1835) 1 CM&R 384, the stamp to be affixed to an unstamped document to render it admissible in evidence was not the stamp in accordance with the law at the time of affixing it, but the stamp in accordance with the law in force at the time when the document was first executed.Very important alterations in the law of stamps were effected by the Customs and Inland Revenue Act, 1888. Prior to that Act it was no offence not ...
Titles (Ecclesiastical). By the (English) Ecclesiastical Titles Assumption Act, 1851, the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of an archbishop or bishop, recognized by law, was prohibited under penalties; but this Act (which was passed after great public excitement, in consequence of the division of England into Roman Catholic dioceses by Pope Pius IX., under Cardinal Wiseman, as Archbishop of Westminster) was never enforced, and has been repealed by the Ecclesiastical Titles Act, 1871....
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Waste lands, the expression 'waste lands' has a well-defined legal connotation. It means lands which are desolate, abandoned, and not fit ordinarily for use for building purposes. In Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 2510, the meaning of the word 'waste' is given as: 1. Waste or desert land, uninhabited or sparsely inhabited and uncultivated country; a wild and desolate region; 2. A piece of land not cultivated or used for any purpose, and producing little or no herbage or wood. In legal use, a piece of such land not in any man's occupation but lying common. 3. A devastated region. In the sequence in which the expression 'waste lands' appears in the two relevant sections, it cannot but have its ordinary etymological meaning as given in the Shorter Oxford Dictionary i.e., land lying desolate or useless, without trees or grass or vegetation, not capable of any use. In Rajanand Brahma Shah v. State of Uttar Pradesh, ((1967) 1 SCR 373: AIR 1967 SC 1081: (1967) 2 SCJ 8...
Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...