It required some fifteen or more years to repair damages from this outbreak, and to confine the stream by new embankments.
In the end he recovered damages from the high bailiff.
A breach of the covenant to repair gives the landlord an action for damages which will be measured by the estimated injury to the reversion if the action be brought during the tenancy, and by the sum necessary to execute the repairs, if the action be brought later.
(At Oxford and Cambridge many fellowships are now awarded on the results of examination; it is sometimes stated, in defence of this system, that young men cannot be expected to carry out research in classics or philosophy.) On the other hand, the defenders of examinations reply that (xiii.) examinations are necessary in order to test the efficiency of schools to which grants of public money are given (this argument has become somewhat out of date owing to the recent substitution of " inspection " for examination as a test of the efficiency of schools; a combination of inspection and examination is also sometimes used); (xiv.) they serve as a necessary incentive to steady and concentrated work 1 (the reply made to this is that the incentive is a bad one, and that with efficient teachers it is unnecessary); (xv.) they show both student and teacher where they have failed (unnecessary for efficient teachers); (xvi.) though possibly harmful to the highest class of men, they are good for the mass (reply: no system which damages the highest class of men is tolerable); (xvii.) they are indispensable as an impartial means of selecting men for the civil service; (xviii.) in a difficult examination like the first class civil service examination the qualities of quickness of comprehension, industry, concentration, power of rapidly passing 1 The Oxford commissioners of 1852 reported that " the examinations have become the chief instruments not only for testing the proficiency of the students but also for stimulating and directing the studies of the place " (Report, p. 61).
" In 1899 a court in Larnaca, Cyprus, awarded 80 (Turkish) as damages for the loss of a snake's horn which had been lent to cure a certain disease " (Murison, p. 117, n.
The sinking fund consists of damages recovered against defaulting revenue collectors, railway stock and appropriations from time to time by the legislature.
The owner of an ox which gored a man on the street was only responsible for damages if the ox was known by him to be vicious, even if it caused death.
The first of these awarded damages to the company which had sustained a secondary boycott.
In neither case is there ground for damages (Art.
- Average, in modern law, is the term used in maritime commerce to signify damages or expenses resulting from the accidents of navigation.
Laidlaw afterward repeatedly sued Sage for damages, claiming that Sage had used him as a shield at the moment of the explosion, but his suits were unsuccessful.
English law has largely moulded, for example, criminal and commercial law and the law of evidence; the development of the law of corporations, damages, prohibitions and such extraordinary remedies as the mandamus has been very similar to that in other states; while in the fusion of law and equity, and the law of successions, family relations, &c., the civil law of Spain and France has been unaffected.
The question of damages was reserved for further discussion, but either party was to be at liberty to submit any question of fact to the arbitrators, and to ask for a finding thereon.
Arbitrators strictly so called may (as in the " Alabama " case) proceed to award damages after they have decided the question of liability; whilst " mixed commissions," before awarding damages, usually have to decide whether the pecuniary claims made are or are not well founded.
The damages were laid at fio,000.
This is awarded by the Code for corporal injuries to a muskinu or slave (paid to his master); for damages done to property, for breach of contract.
The financial situation in Venezuela was for a long time extremely complicated and discreditable, owing to defaults in the payment of public debts, complications arising from the guarantee of interest on railways and other public works, responsibility for damages to private property during civil wars and bad administration.
The Employers' Liability Act of 1902 (amended and broadened in 1910) holds an employer liable for damages in any case in which one of his employees sustains a personal injury by reason of the negligence of the employer, of a sub-contractor, of a superintendent, or any other person in the employer's service whose duty it was to see that " the ways, works or machinery connected with or used in the business," were in proper condition, or whose duty it was to " direct ...
The question of damages, which had been reserved, was ultimately settled by a mixed commission appointed by the two powers in February 1896, the total amount awarded to the British sealers being $473,151.26.
Under the " Alabama " arbitration Great Britain paid to the United States damages to the amount of $15,500,000, while the German Emperor decided the San Juan boundary in favour of the United States.
Where an intending borrower breaks his agreement to borrow, specific performance will not be granted, and the damages recoverable must be measured by the loss sustained through the breach and not by the sum agreed to be lent (The South African Territories, Limited v.
Set aside) the sentence and award damages to the party aggrieved.
That this is so is indicated by the fact that, although the railways - always made to suffer severely in pecuniary damages for injuries for which their officers or servants are held responsible by the courts - have for years taken almost every conceivable precaution, the number of accidents, in proportion to the number of persons travelling, diminishes but slowly - so slowly that, in view of the variety of conditions to be considered, it would hardly be safe to conclude that the diminution is due to any definite improvement in the safeguards provided.
He was sued for libel for printing a rebuke to some of his parishioners who had travestied the sacrament of the Lord's Supper; and after several years in the courts he was ordered to pay damages of £150, which was raised by his parishioners.
It was found that in the American case damages were claimed not only for the property destroyed by the Confederate cruisers, but in respect of certain other matters known as "indirect losses," viz.
Pacifico brought an action, laying the damages at £26,000.
The acts referred to include those relating to the diseases of animals, destructive insects, explosives, fish conservancy, gas meters, margarine, police, reformatory and industrial schools, riot (damages), sale of food and drugs, weights and measures.
The tithe-owner cannot recover damages from the tithe-payer for not cultivating the land.
In 1854 Marcy had to deal with the complications growing out of the bombardment of San Juan del Norte (Greytown), Nicaragua, by the United States sloop-of-war " Cyane " for insults offered the American minister by its inhabitants and for their refusal to make restitution for damages to American property.
The long, dry season (April to October), together with occasional devastating droughts (seccas) lasting two or more years, prevents the development of forests and damages the agricultural and pastoral industries of the state.
The action resulted in Helfferich's being condemned to pay a small fine (the German law does not admit of any damages or penalties for slander); the court, however, in its judgment took the line that Helfferich's allegations regarding Erzberger's corrupt business practices and untruthful statements on the part of Erzberger were justified.
Exclusive, in like manner, of equipment, terminals or land damages, is about b70,000 to L200,000 a mile.
In the autumn of 1365 he sacked Alexandria; in 1367 he ravaged the coast of Syria, and inflicted serious damages on the sultan of Egypt.
In the civil wars the government was also held responsible for damages to these properties and for the mistreatment of foreigners residing in the country.
Since then a network of similar treaties, adopted by different nations with each other and based on the AngloFrench model, has made reference to the Hague Court of Arbitration practically compulsory for all matters which can be settled by an award of damages or do not affect any vital national interest.
When the clergy, refusing to acknowledge the authority of the Burgesses in reducing their stipends, and, appealing to the king against the Assembly, entered the courts to recover damages from the vestries, Patrick Henry at Hanover court in 1763 easily convinced the jury and the people that the old church was wellnigh worthless.
Shortly before the death of Charles, James brought, and won, a civil action against Oates, with damages of £ioo,000; in default of payment Oates was taken to prison; while there he was indicted for perjury, and was tried in May 1685, soon after the accession of James II.
He therefore insisted that England should be required not merely to pay damages for the havoc wrought by the " Alabama " and other cruisers fitted out for Confederate service in her ports, but that, for " that other damage, immense and infinite, caused by the prolongation of the war," the withdrawal of the British flag from this hemisphere could " not be abandoned as a condition or preliminary of such a settlement as is now proposed."
The term average originally meant what is now distinguished as general average; and the expression "particular average," although not strictly accurate, came to be afterwards used for the convenience of distinguishing those damages or partial losses for which no general contribution could be claimed.
A Brehon whose decision was reversed upon appeal was liable to damages, loss of position and of free lands, if any, disgrace, and a consequent loss of his profession.
The British agent then applied for an adjournment of eight months, ostensibly in order that the two governments might conclude a supplemental convention, it having been meanwhile privately arranged between the arbitrators that an extra-judicial declaration should be obtained from the arbitrators on the subject of the direct claims. On the 19th of June Count Sclopis intimated on behalf of all his colleagues that, without intending to express any opinion upon the interpretation of the treaty, they had arrived at the conclusion that "the indirect claims did not constitute upon the principles of international law applicable to such cases a good foundation for an award or computation of damages between nations."
Mesne profits are profits derived from land whilst in wrongful possession, and may be claimed in damages for trespass either in a separate action or joined with an action for the recovery of the land.
When after the fall of Liege in 1914 von Jagow handed to Mr. Gerard, the American ambassador in Berlin, the note to Belgium, offering full reparation for damages, in case free passage to France were granted German troops, Van Dyke flatly refused to act as intermediary.
All controversies of a civil nature, and any question of personal injury on which a suit for damages will lie, although it may also he indictable, may be referred to arbitration; but crimes, and perhaps actions on penal statutes by ntary common informers may not.
Illegal imprisonment beyond seas renders the offender liable in an action by the injured party to treble costs and damages to the extent of not less than £50o, besides subjecting him to the penalties of praemunire and to other disabilities.
Cockburn again dissenting) fixed the damages at $15,50o,000 in gold.
Alfred survived for four years after his final triumph in 896, to complete the organization of his fleet and to repair the damages done by the last four years of constant fighting.
"The judges," says Ross, "could not award interest for the money; that would have been contrary to law, a moral evil, and an oppression of the debtor; but, upon the idea of damages and the failure of the debtor in performance, they unmercifully decreed for double the sum borrowed."
The county in which the crime occurs is, without regard to the conduct of the officers, liable in damages of not less than $2000 to the legal representative of the person lynched; the county is authorized, however, to recover this amount from the persons engaged in the lynching.
The jurisdiction of a justice of the peace, usually coextensive with the county, extends to the collection of notes of hand not exceeding $1000; to the settlement of accounts not exceeding $500; to suits for the recovery of property or suits demanding payment for damages, except for libel or slander, not exceeding $500; to equity cases in which the amount in controversy does not exceed $50; and to various other small cases.
Nezigin (" damages "), also known as Yeshu'ath (" deeds of help ").