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Abandonment
Abandonment Of Cargo; Ship ; Is A Term Used In Marine In The Case Of Constructive Loss Of The Subject Of The Insurance—i.e. When It Has Been So Far Damaged By The Perils Insured Against, That The Expense Of Repairing It Would Exceed Its Marketable Value When Repaired—the Assured Has ...

Abduction
Abduction Of Women.—by An Old Statute, Three Years' Imprisonment Is The Punishment Of Any Man Who Carries Away A Nun From Her House, Even Though She Consent, And He Must Make Convenient Satisfaction To The House. But More Modern And Practical Is Abduction On Account Of The Woman's Fortune. Where ...

Abuse Of
Abuse Of Process.—the Court Having Inherent As Well As Statutory Jurisdiction To Protect Itself From The Abuse Of Its Own Procedure, May Stay Or Dismiss Frivolous And Vexatious Actions. It Can Do This At Any Stage, Whether It Be The Plaintiff's Case That Is Stayed, As Showing No Reasonable Cause ...

Accident
Accident Is, In Law, A Most Elusive Term. And Yet Actions For Damages For Personal Injuries, And Injuries To Property Through Accident, Are For Ever Before The Courts. The Claim In Most Of Such Cases Is Based Upon An Alleged Negligence Of The Defendant ; And One Of The Most ...

Accident
Accident Insurance.—the Numerous Casualties To Which The Life Of Man Is Liable Are Subjects Of Daily Occurrence And Observance—there Is Scarcely An In Dividual Who Cannot Refer Within The Sphere Of His Own Family Or Acquaintance To Instances Of Sudden Or Accidental Death ; And Few Who Cannot Look Back ...

Accommodation
Accommodation Suing Upon A Contract, The Plaintiff Has, Except In The Case Of Contracts Under Seal, To Prove A Consideration Therefor. Bills Of Exchange, In Proper Form, Are Exceptions To This Rule, And Once The Plaintiff Has Proved The Bill Itself, He Is Entitled To Judgment For The Amount, Thereof; ...

Accord And
Accord And Is A Satisfaction Agreed Upon Between The Party Having A Claim, And The Party From Whom The Claim Is Due. When The Agreement Is Performed, The Satisfaction Is Complete ; And That, Together With The Accord, Is A Valid Defence To All Actions In Respect Of The Claim. ...

Account Stated
Account Stated (an) Is An Admission By One In An Account With Another, That A Balance Is Due From Him To The Other. Stich An Admission Is Equivalent To A Promise To Pay Upon Demand, And Creates A Liability Which May Be The Subject-matter Of An Action. In Every Case ...

Accountants
Accountants May Be Described As Persons Engaged In The Prepara Tion, Investigation, And Auditing Of Accounts. They May Be Divided Into Three Classes: Official, Public, And Private. This General Title May Be Mentioned The Accountants Of The Crown. These Are Public Officers Who Receive Or Collect Public Moneys, And Are ...

Accountants_2
Accountant's Accountant Is, Apart From Special Agree Ment, Entitled To Fair And Adequate Remuneration For Any Services He May Render ; Having Regard To Any Difficulty And Importance Of The Work. In Matters Wilier() §ccountants Act As General Business Agents And Advisers, The Remuneration Is By Way Of Commission Where ...

Acquiescence
Acquiescence Is A Form Of Estoppel. The Term Must Have Attached To It A Very Different Signification, According To Whether The Acquiescence Alleged Occurs While The Act Acquiesced In Is In Progress, Or Only After It Has Been Completed. A Person, Having A Right, And Seeing Another Person About To ...

Act Of
Act Of Bankruptcy.—a Person Becomes A Bankrupt Only After Petition To The Court. The Petition May Be Presented By The Debtor Himself Or By The Creditor. But Unless The Debtor Himself Presents The Petition ; Or Unless The Court, On The Hearing Of A Judgment Summons, Instead Of Exercising Its ...

Act Of Parliament
Act Of Parliament Is The Term Applied To An Act, Wherein The Three Constituent Parts Of The Sovereign Power In This Realm, King, Lords, And Commons, Unite To Formulate A Law. Public Statute Is Another Term For An Act Of Parliament. Strictly Speaking The Former Term Would Be The Proper ...

Actio Personalis Moritur Cum
Actio Personalis Moritur Cum Persona Is An English Legal Maxim, Once Of General Application, Expressing The Rule Of Law That A Personal Action Dies With The Person. For, In A Civil Court, The Death Of A Human Being Cannot Be Complained Of As An Injury. The Operation Of The Rule ...

Actuary
Actuary Is The Title Given To A Person Who, After Proper Training, Makes A Profession Of Applying The Doctrine Of Mathematical Probabilities To Those Affairs Of Life From Which Life Insurance, Annuity, Reversionary Interest, And Other Analogous Institutions Derive Their Principles Of Operation. The Actuary's Field Of Operation Also Embraces ...

Adjoining
Adjoining Owners.—under The Land Clauses Act, 1845, Pro Vision Is Made Whereby Promoters Of Railway Or Other Similar Undertakings Of A Public Nature, Under That Or Some Special Act, May Deal With Land Not Required For The Purposes Of The Undertaking. Such Laud Is Termed "super Fluous Lands," And Must ...

Adjoining Tenements A
Adjoining Tenements.--a Tenement Is Not, In Law, Limited In Meaning, As It Usually Is In Common Speech, To A Dwelling-house—generally One Let Out Into Unfurnished Apartments. The Term Is, On The Contrary, A Very Wide One, And Includes All Land And Buildings Thereon; And Everything Affixed And Appurtenant Thereto, As ...

Adjustment Of Average
Adjustment Of Average Is The Ascertaining Of The Amount Of Indemnity Due To The Party Insured Under A Policy Of Marine Insurance After All Proper Allowances And Deductions Have Been Made. It Includes The Fixing Of Each Underwriter's Proportion Of That Indemnity. For The Proportion Of The Risk Which Is ...

Administration
Administration Of The Estate Of A Deceased Is Of Two Kinds : (a) With The Will Annexed; (b) Under Intestacy. First, With The Will Annexed; In Which Case Administration Is A Giant Under A Will Which Does Not Appoint An Executor, Or Where The Executor Appointed Declines To Act. The ...

Administration Of Assets
Administration Of Assets Of Deceased Persons Was An Old And Exclusive Jurisdiction Of The Court Of Chancery. It Is Now Within The Function Of The Chancery Division (q.v.) Of The High Court Of Justice ; And Up To Certain Limits Is Within The Jurisdiction Of The County Courts. A County ...

Admiralty
Admiralty Is A Subdivision Of The Probate, Divorce, And Admiralty Division Of The High Court Of Justice. The Court Consists Of Two Judges (who Are Alto Judges In Probate And Divorce Cases), And Exercises Not Only The Jurisdiction Given To It By The Judicature Acts, 1873, But Also All The ...

Admissions
Admissions May Be Considered In Two Classes :—(i.) Those Occurring During The Course Of, And Before The Trial Of An Action ; (ii.) Thca Arising At A Trial. As To The First Class. For The Purposes Of The General Reader It Will Be Sufficient To Very Briefly Advert To Them. ...

Adulteration
Adulteration Of Food And Drugs Has Been Made The Subaect Of Legislation In The Food And Drugs Acts Of 1875 And 1899. These Acts Are The Authority In Ca.ses Of Adulteration Generally, And Will Be Explained In This Article. But With Regard To Questions Arising In Respect Of Special Commodi ...

Adventurers
Adventurers, Merchant.—there Have Been Two Kinds Of English Companies Engaged In Foreign Regulated And (ii.) Joint-stock. The Latter Were Those Which Traded Upon A Joint Stock, Each Member Sharing In The Common Profit And Loss In Proportion To His Share In The Stock. Regulated Companies Did Not Trade Upon A ...

Advertisements
Advertisements. Of An Apologt.—where It Is Intended To Plead Apology To An Action For Libel, The Apology Should Be Made As Publicly As The Libel. Hus If The Libel Appeared In It Newspaper, The Apology Should He Publicly Made In The Same Paper. It Should Be Printed In Type Of ...

Affidavit
Affidavit Is A Statement In Writing Swum Before A Person Authorised To Administer An Oath. Apart From Certain Officials Of The Court, The Person Who Usually Administers Oaths Is A Commissioner For Oaths. Ile Is Generally A Solicitor, And His Fee For The Oath Is One Shilling And Sixpence; And ...

African V Es Tern
African V Es Tern N Til 1536, Portugal En Joyed Practically A Monopoly Of The African Trade, For It Was Not Until About That Date That England Began To Trade With The West Coast. Thus, In View Of Present-day Operations, It May Be Observed That Africa Has Been The Scene ...

Agreement
Agreement Exists Where Two Or More Persons Express An Intention To Affect Their Legal Relations. It Must Not Be Confounded With Contract Which Is Limited To Instances Of Agreement Enforceable By The Law. Agreements, On The Other Hand, May Relate To Matters Which The Law Will Not Recognise, E.g. A ...

Agricultural
Agricultural Holdings.—for England, The Agricultural Holdings Act 1908 Consolidates The Now Repealed Agricultural Holdings Act, 1883, The Tenants' Compensation Act, 1895 (partially Repealed), The Market Gardeners' Compensation Act, 1897, And The Agricultural Holdings Acts, 1900 And 1906. Here, And In The Article Agriculture In The Ap Pendix, We Will Notice, ...

Agricultural Labourers
Agricultural Labourers. — Speaking Broadly, In Scotland, Wales, The North Of England, And The North Of Ireland, The Majority Of Farm Servants Arc On Yearly Or Half-yearly Terms Of Engagement, And Are Paid A Regular Wage; Board And Lodging Being Usually Provided Free In The Farm Houses For The Unmarried ...

Agriculture
Agriculture (see Also Article In Vol. I.).—the New Provisions Of The Agricultural Holdings Act, 1906, Together With The Various Acts From 1883, Are Now Consolidated In The Act Of 1908. The General Law Is Contained In The Original Article. An Act Of 1905 Contains Provisions Making A Railway Company Liable ...

Alien
Alien Is An Expression Applied To All Persons On British Soil Who Are Not British Subjects. An Alien Cannot Be The Propriet,r Of A British Ship (merchant Shipping Act, 1894, Sect. 1), Nor Can He Exercise The Franchise. Until 1870 He Was Unable To Hold Real Property In England, But ...

Aliens
Aliens (sr(' Also Article In Vol. L).—the Aliens Act, 1905, And The Regulations Made Thereunder, Provide That An Immigrant Is Not To Be Landed In Great Britain Except At A Port Where There Is An Immigration Officer. The Function Of This Officer Is To Inspect The Immigrants On Board The ...

Alimony
Alimony Is A Pecuniary Allowance Which The Court Compels One Of The Parties To A Subsisting Marriage To Pay To Or On Behalf Of The Other Party. Alimony Is Either Pendente Lite (pending Suit) Or Permanent. The Latter Should Be Distinguished From The Maintenance Which Is Ordered To Be Paid ...

Alkali And Sulphuric Acid
Alkali And Sulphuric Acid Works Are Regulated By The Alkali, &c., Works Regulation Act, 1906. These Works Are Divided Into Two Classes—(a) Alkali Works And (b) Sulphuric Acid And Other Specified Works. Class (b) Comprises The Following :—(1) And (2), Sulphuric Acid Works, Being Those In Which The Manufacture Of ...

Ambassadors
Ambassadors Have Certain Important Privileges In The Country To Which They Are Sent. These Privileges May Be Grouped Under Two Heads, Inviolability Of Person And Exterritoriality ; The Former Relating To The Ambassadors Person, The Latter To His Property. Accordingly No Legal Pro Cess Can Affect Ambassadors Either In Their ...

American Securities
American Securities ; Government.—the Follom Fug Are The Government Securities Of The United States :—(1) An Issue Of A Govern Ment 4 Per Cent. Funded Loan, Redeemable At Option After 1st February 1925. The Registered Bonds On 31st December 1908 Amounted To $97,273,200, And The Coupon Bonds To 321,216,700. The ...

Amortisation
Amortisation In Law Is An Alienation In Mortmain ; That Is, A Transfer Of Lands In Perpetuity To A Corporation Or Charity. The Law Gener Ally On This Subject Will Be Found Under Mortmain. In Finance Its General Signification Is The Redemption, Reimbursement, Liquidation, Or Repayment Of Debt. In Particular ...

Analysts And
Analysts And Analysis.—public Analysts For The Purposes Of These Acts Are Appointed By The Local Authorities With The Approval Of The Local Govern Ment Board, And Must Furnish Certain Proofs Of Competency ; One Authority May Engage The Analyst Of Another. Any Purchaser, Whether Official Or Private, Of An Article ...

Ancient
Ancient Lights—how Acquired And Preserved.—every Man On His Own Land Has A Right To All The Light And Air Which Will Come To Him ; And He May Erect, Even On The Extremity Of His Land, Buildings With As Many Windows As He Pleases. In Order To Make It Lawful ...

And Goods
And Goods The Article Entitled Railway Clerkships Particulars Of The Qualifications Necessary To Secure An Appointment In The Employ Of A Railway Company Were Given, And It Was There Explained How Such A Position Is To Be Obtained. It Was Briefly Indicated There, Too, What The Tyro Should Do In ...

Animals
Animals, Cruelty To.—it Is A Punishable Offence To Cruelly Beat, Ill Treat, Over-drive, Over-ride, Abuse Or Torture, Or Cause Or Procure Such To Be Done To Any Animal. Wild Animals, Even In Captivity, Were Not Included In The Above Until The Wild Animals In Captivity Act, 1900, Was Passed. There ...

Annuities
Annuities Charged On Land.—an Annuity Charged On Land Is A Right To Share To A Defined Extent In The Profits Of Land Belonging To Another. Such An Annuity Is Technically Called An Incorporeal Hereditament, And Is Held Under The Same Tenure And In The Same Way As Land Itself. It ...

Annuity
Annuity Is The Term Applied, In Its Most General Sense, To A Fixed Sum Of Money Paid Yearly Or In Certain Portions At Fixed Periods Of A Year. There Are Two Classes Of Annuities : Certain, And Life Annuities ; The Latter Of Which Are Those Most Popularly Known As ...

Appeal
Appeal May Be To The House Of Lords From Any Order Or Judgmpt Of His Majesty's Court Of Appeal In England, Or Of Either Division Of The Court Of Session In Scotland. The Privy Council Entertain Appeals From India And The Colonies And Dependencies Abroad ; Also In Ecclesiastical Matters ...

Appendix Ii 305 Ter
Ter, Appendix Ii 305 The Territorial And Reserve Forces Act, 1907. In Short The Volunteers And Yeomanry Were Disbanded And The Territorial Force—the New Body Created By That Act—substituted Therefor. County Associations.—an Association, Known As A County Association, Is Con Stituted For Each County, Its Powers And Duties Being The ...

Appropriation
Appropriation Of Payments.—the Law As To This Comes Into Operation In A Case Where A Person Owes Another Several Debts. It He Makes A Payment, The Question May Arise : To Which Of Those Debts 'shall Such Payment Be Appropriated ? The Question Is Often Of Considerable Importance. To An ...

Approved
Approved Approved Society Is One, E.g. A Friendly Society Or A Trade Union, Whose Constitution Complies With The Requirements Of The National Insurance Act, 1911, And Is Accepted By The Insurance Com Missioners, And Whose Members Pay For And Receive Their Benefits Under The Act Through And Under The Administration ...

Arbitrage
Arbitrage Is The Operation By Which The Merchant, Banker, And The Speculator Make A Profit Out Of The Differences In Price Existing At The Same Time For The Same Thing Upon Different Markets. The Merchant May Deal In Commodities Such As Cotton Or Indigo ; The Banker In Money Or ...

Arbitration
Arbitration Is The Adjudication Upon A Matter In Dispute By Private Individuals Appointed By The Parties Themselves. This Is A Mode Of Settle Ment Of Disputes Now Very Frequently Resorted To As A Means Of Avoiding The Delay And Expense Of Actions In The Regular Courts Of Law. It Creates ...

Architects
Architects Are Those Whose Profession It Is To Design And Superintend The Construction Of Buildings Generally. The Architect Must Be Acquainted With The Historical And Artistic Principles Of Building ; With The Cost Of Buildings And The Means Of Keeping Such Cost Within Limits ; With The Strength, Durability, And ...

Arrest
Arrest May Be Either In A Civil Proceeding Or For A Crime. The Word Denotes The Apprehending Of A Man's Person With A View To His Custody By The Law. In Civil Proceedings A Man May Be Arrested By Order Of The Speaker Of The House Of Commons ; Or ...

Arson
Arson Is The Felonious, Unlawful, And Mal?c$ous Setting Fire To Property. If To Any Dockyard, Arsenal, Or Building Connected Therewith Within This Realm, Or To One Of His Majesty's Ships, The Punishment Under A Statute Of George Iii. Is Death. In The Case Of An Offender Subject To Naval Discipline ...

Articles Of
Articles Of Enactments Under Which The System Of Limited Liability Companies Was Inaugurated, Now Consolidated And Amended By The Companies (consolidation) Act, 1908, Were Provisions Not Merely For The Benefit Of The Shareholders For The Time Belug In The Company, They Were Also Intended To Provide For The Interests Of ...

Artisans Dwellings
Artisans' Dwellings Have Been Made The Subject Of A Consoli Dating Act, Called The Housing Of The Working Classes Act, 1890, Which Has Now Been Extended By Two Further Schedules Of 1900 And 1903. Un Healthy Areas.--a Local Authority, On Being Satisfied Of The Unhealthiness Of A District, May Make ...

Assembly
Assembly, Right Of Public Meeting Can Hardly Be Said To Be Known To The English Constitution. It Is Nothing More In Law Than The Right Of An Individual To Conduct Himself As He Will Without Trespassing Upon The Corresponding Rights Of Others Or Infringing Any Special Law. Accordingly, An Assembling ...

Assessment
Assessment Of Fire Losses Is The Term Applied To The Process By Which Is Ascertained The Amount Payable Under Fire Policies In Respect Of Claims For Loss By Fire. The Insurance Company Is Generally Represented In Such Matters By A Person Retained And Paid By It, Whose Profession Is That ...

Assizes
Assizes, Otherwise The Courts Of Oyer And Terminer And Of General Gaol Delivery, Are Held At Least Twice In Every Year In And For Every County Of England, Except For That Part Thereof Within The Jurisdiction Of The Central Criminal Court. At The Assizes The Judges Sit As Royal Commissioners, ...

Attachment Of Debts
Attachment Of Debts Is A Mode Of Enforcing A Judgment, Whereby The Judgment Creditor May Obtain Payment To Himself On Account Of His Judgment Debt, Of Debts Due From Third Parties To The Judgment Debtor. In The High Court The Creditors Proceed By Way Of Garnishee. He First Of All, ...

Attorney General
Attorney-general Is The Name Given To The Chief Ministerial Officer Of The Crown, To Which He Stands In The Same Relation As Any Other Attorney Or Solicitor Does To His Client. He Is Legal Adviser Of The Crown, The Ministry, And The Departments Of The Government; A Member Of The ...

Auctions And
Auctions And Auctioneers.—an Auction, In Scotland Called A Roue, Is A Public Competitive Sale, In Which The Conductor Thereof Obliges Himself And His Principal To Transfer Property To The Highest Bidder. The Person, Without Distinction Of Sex, Who Conducts Such A Sale Is An Auctioneer. Historical—selling By Auction Is Supposed ...

Audit
Audit Is The Term Applied To An Investigation Of Accounts, Including Therein An Examination Of Their Form And Substance And A Scrutiny Of The Figures. The Object Of The Audit Is To See That The Accounts Truln Represent The State Of Affairs Purporting To Be Represented By Them. The Person ...

Average
Average Is A Term Used In Commerce To Signify A Contribution Made By Ship Freight And Goods On Board A Ship, In To Their Respective Interests, Towards Any Particular Loss Or Expense Sustained For The General Safety Of The Cargo And Ship, In Order That The Particular Sullerer May Not ...

Average
Average In Fire Insurance Is A Point Now Frequently Arising In The Course Of Adjustment Of Claims In Respect Of Losses By Tire. Until 1828 There Was No Such Thing In Fire Insurance Policies As The Average Clause. The Companies Having Been Originally Formed Upon The Mutual Basis, That Is, ...

Bailiff
Bailiff Of A Sheriff Is The Officer Employed To Execute Writs And Processes On Behalf Of The Sheriff, And Is Most Commonly Found In Possession Of A Defendant's Goods And Chattels, Which In Default Of Payment Are To Be Sold For The Benefit Of The Plaintiff. Such A Bailiff Is ...

Bailment
Bailment Has Been Defined As The Delivery Of Goods On A Condition, Express Or Implied, That They Shall Be Restored By The Bailee To The Bailor, Or According To His Directions, As Soon As The Purpose For Which They Were Bailed Shall Have Been Served. The Person Who Thus Delivers ...

Balance Sheet
Balance-sheet Of A Bank.—the Study Of The Statement Issued Every Year Or Half-year By A Bank Is Of Great Practical Interest, Showing As It Does The Strength And Stability Of The Bank, And The Policy Of The Directors With Regard To The Management Of The Resources Committed To Their Charge. ...

Ballot
Ballot Is A Method Of Voting At An Election, The Object Aimed At Being Absolute Secrecy, So That Voters May Be Protected Against Intimidation And Wrongful Influence. This Method Is Adopted In Parliamentary, County Council, Municipal, School Board, And District And Parish Council Elections. The Vote Of Each Elector Is ...

Bank Books
Bank-books As Evidence.—where A Party To An Action Finds It Necessary To Give In Evidence The State Of A Banking Account Or Other Entries In The Books Of A Bank, All That Will Be Required From Him Will Be The Production By An Officer Of The Bank Of Correct Copies ...

Bank Of
Bank Of England.—this Institution Was Projected In 1694, By William Patterson, A Scotsman. The Whole Of The Capital, Amounting To Oe1,200,000, Was To Be Lent To The Government, Who Gave The Bank Its Sanction And Support, With The Result That Within Ten Days From The Date Of The Opening Of ...