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Royalty

Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...

Park

Park [fr. parcus, Lat., fr. parco, to spare], a place of privilege for wild beasts of venery, and other wild beasts of the forest and chase; who are to have a firm place and protection there, so that no man may hurt or chase them without licence of the owner. A park differs from a forest, in that, as Compton observes, a subject may hold a park by prescription or royal grant. It differs from a chase because a park must be enclosed; if it lie open, it is a good cause of seizing it into the sovereign's hands, as a free chase may be if it lie enclosed. To a park three things are required-1st, a grant thereof; 2nd, enclosure by pale, wall, or hedge; 3rd, beasts of a park, such as buck, does, etc.; see Sir Charles Howard's case, 1626 Cro Car 59; Pease v. Courtney, (1904) 2 Ch 509. The word 'park,' as used in the (English) Settled Land Acts, is not confined to an ancient legal park but includes an ordinary private park (Pease v. Courtney).Royal Parks.-As to the management of the royal parks s...

Cattle

Cattle [derived by Skinner, Menage, and Spelman fr. Capitalia, quac aspr copr ad caput pertinent, personal goods; in which sense Chttels is yet used. Mandeville uses Catele for price], beasts of pasture, either wild or domestic.The term, though often limited to horned domestic animals, may include (see Wright v. Pearson, LR 4 QB 582) horses and sheep; and also pigs and asses, R. v. Chapple, Russ & Ry. 77; R. v. Whitney, 1 Mood. 3.Means bulls, cows, steers, heifers and calves, Halsbury's Laws of England, Vol. 2, para 483, p. 246 [Animal Health Act, 1981, s. 89(1) (UK)]As to injury to cattle by a dog, see Dogs Act, 1906, in which, by s. 7, 'cattle' includes 'horses, mules, asses, goats and swine.' See Dog.As to larceny of cattle, see Larceny Act, 1916, s. 3, and as to killing cattle, etc., with intent to steal the carcase, skin, or any part of the animal killed, see s. 4.As to the malicious wounding of cattle, see (English) Malicious Damage Act, 1861, ss. 40 and 41.As to the prevention o...

Negligence

Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...

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