It is thus different from legal fiction, by which a new rule is introduced surreptitiously, and under the pretence that no change has been made in the law, and from statutory legislation, in which the obligatory force of the rule is not supposed to depend upon its intrinsic fitness.
In case the crop failed the Code fixed a statutory return.
If the tenant neglected to reclaim the land the Code enacted that he must hand it over in good tilth and fixed a statutory rent.
This fact was recognized by the legislators of 1864, and beneath the statutory tribunals created in that year the special courts of the peasants were suffered to survive.
Such a railway has no statutory rights and no special obligations, and the owner of it is liable to be sued for creating a nuisance if the working of the line interferes with the comfort of those residing in the neighbourhood.
When a line has once been inspected and passed, it lies with the company to maintain it in accordance with the standard of efficiency it originally possessed, but no express statutory obligation to do so is imposed upon the company, and whether it does so or not, the Board of Trade cannot interfere.
Its primary purpose was to embody in statutory form the commonlaw principle of equal treatment under like circumstances, and to provide machinery for enforcement.
The extent of this decline is seen in Table II., wherein are given the annual average prices from 1875 to 1905, calculated upon returns from the 190 statutory markets of England and Wales (Corn Returns Act 1882).
The governor's control over appointments was strengthened by the constitution of 1851 and by the subsequent creation of statutory offices, boards and commissions, but the right of veto was not given to him until the adoption of the constitutional amendments of 1903.
The constitution provides that the terms of supreme and circuit judges shall be such even number of years not less than six as may be prescribed by the legislature - the statutory provision is six years - that of the judges of the common pleas six years, that of the probate judges four years, that of other judges such even number of years not exceeding six as may be prescribed by the legislature - the statutory provision is six years - and that of justices of the peace such even number of years not exceeding four as may be thus prescribed - the statutory provision is four years.
In the absence of express agreement or custom or statutory provision (such as is made by the Agricultural Holdings Act 1883), a tenancy from year to year is determinable on half a year's notice expiring at the end of some current year of the tenancy.
Ordinary Leases, Common Law and Statutory; II.
The requisites of the statutory leases, last mentioned, are similar to those imposed in England upon tenants for life by the Settled Land Acts (v.
A lease terminates (i.) by the expiration of its term or by advantage being taken by the party in whose favour it is stipulated, of a " break " in the term; (ii.) by the occurrence of an " irritancy " of ground of forfeiture, either conventional, or statutory, e.g.
In many of the colonies, parts of the English law of landlord and tenant, common law and statutory, have been introduced by local enactments (cf.
The bank acts as banker to the government, for which it has a fixed annual commission, and it is obliged to make a permanent statutory advance to the government of £T1,000,000, against the deposit by the government of marketable securities bearing interest at a rate agreed upon.
The result was the issue in 1566 by the archbishop of the statutory Advertisements, which fixed the vestments of the clergy as follows: (1) In the ministration of the Holy Communion in cathedral and collegiate churches, the principal minister to wear a cope, with gospeller and epistoler agreeably; 6 at all other prayers to be said at the Communion table, to use no copes but surplices; (2) the dean and prebendaries to wear surplice and hood; (3) every minister saying public prayers, or ministering the sacraments, to wear "a comely surplice with sleeves."
The council sits for a statutory period of three years.
The provincial council, which has strictly local powers, sits for a statutory period of three years.
Some of his statutory lectures are published in his Lectures on Mediaeval and Modern History.
Every local authority has to obtain the sanction of some higher authority before raising a loan, and there are in addition certain statutory limits of borrowing.
The whole of the law administered now in Burma rests ultimately upon statutory authority; and all the Indian acts relating to Burma, whether of the governor-general or the lieutenant-governor of Burma in council, will be found in the Burma Code (Calcutta, 1899), and in the supplements to that volume which are published from time to time at Rangoon.
On the 15th of July 1908, Mr Asquith said that Sir Edward Grey had announced in the House of Commons on the 6th of June 1907 that the British government intended to negotiate with the powers for the renewal of the convention, on condition that they would relinquish the penal clause, and that none of the obligations in the convention as renewed were penal or required statutory authority.
He is entitled to nominate eight chaplains, who had formerly certain statutory privileges, which are now abolished.
No other example of a statutory provision for a regency occurs till 1751.
For the classified service of the state and of the minor civil divisions, except cities, the commission makes rules (subject to the governor's approval and to statutory and constitutional provisions) governing the classification of offices, the examination of candidates for office, and the appointment and promotion of employees.
The provincial council consists of 25 members (each representing a separate constituency) elected by the parliamentary voters and has a statutory existence of three years.
An attempt was made to include, under the expression "constructive corruption," among these statutory grounds of reduction, irregular conduct on the part of an arbitrator, with no suggestion of any corrupt motive.
The statutory definition of the grounds of reduction was intended, however, merely to put an end to the practice which had previously obtained of reviewing awards on their merits, and it does not prevent the courts from setting aside an award where the arbitrator has exceeded his jurisdiction, or disregarded any one of the expressed conditions of the submission, or been guilty of misconduct.
A private arbiter cannot demand remuneration except in virtue of contract, or by implication from the nature of the work done, or if the reference is in pursuance of some statutory enactment (e.g.
In 1907 the legislature proposed an amendment providing for the application of initiative and referendum to statutory laws and constitutional amendments; two years later the legislature passed a substitute resolution, which omits the clause regarding amendments of the constitution, and which, if passed by the legislature of 2922 will be put to popular vote at the general election of 1912.
18), but by the time of Ezekiel it also has mainly to do with ritual, with the distinction between holy and profane, clean and unclean, with the statutory observances at festivals and the like (Ezek.
Consuetudinarius, from consuetudo, custom), customary, a term used especially of law based on custom as opposed to statutory or written law.
Nor was her legitimacy ever legally established; but after Jane Seymour's death, when Henry seemed likely to have no further issue, she was by act of parliament placed next in order of the succession after Edward and Mary and their issue; and this statutory arrangement was confirmed by the will which Henry VIII.
This seems to be still the law, although a declaration was substituted for the oath by the Statutory Declarations Act 18 35, s.
In many states the legislatures have taken action in the development of law by adopting statutory codes of procedure, and in some instances have even enacted codes embodying the substance of the common law fused with the statutes.
Although political parties were originally mere private organizations, little objection seems to have been felt to giving them statutory recognition and placing the proceedings at them under full official control.
For a digest of some of these see Digest of City Charters, together with other Statutory and Constitutional Provisions relating to Cities, prepared for the Chicago Charter Convention by A.
26 a Compensation water " is used to describe the water given from a reservoir in compensation for water abstracted from a stream, under statutory powers, in connexion with public works (see Water Supply).
Compensation, in its most familiar sense, is however a nomen juris for the reparation or satisfaction made to the owners of property which is taken by the state or by local authorities or by the promoters of parliamentary undertakings, under statutory authority, for public purposes.
If the property claimed is a house, or other building or manufactory, the owner has a statutory right to require the promoters by a counternotice to take the whole, even although a part would serve their purpose.
Promoters are not allowed without the consent of the owner to enter upon lands which are the subject of proceedings under the Lands Clauses Acts, except for the purpose of making a survey, unless they have executed a statutory bond and made a deposit, at the Law Courts Branch of the Bank of England, as security for the performance of the conditions of the bond.
(2) Where land, although not taken, is " injuriously affected " by the works of the promoters, compensation is payable for loss or damage resulting from any act, legalized by the promoters' statutory powers, which would otherwise have been actionable, or caused by the execution (not the use) of the works authorized by the undertaking.
Statutory provision has been made in England for the summoning of expert assistance by the legal tribunals in various cases.
There are also many statutory administrative officials and boards, such as the adjutant-general, insurance commissioner, board of health, board of agriculture, board of public grounds and buildings, commissioners of fisheries, and factory and mining inspectors.
Statutory measures were taken from time to time to ensure the preservation of registers of burials, but it was not until 1836 (the Births and Deaths Registration Act) that the registration of deaths became a national concern.
In a collative advowson the bishop is himself the patron, either in his own right or in the right of the proper patron, which has lapsed to him through not being exercised within the statutory period of six months after the vacancy occurred.
Whatever may have been the exact view taken by the common law, the offence was made statutory by an act of 1803, making the attempt to cause the miscarriage of a woman, not being, or not being proved, to be quick with child, a felony, punishable with fine, imprisonment, whipping or transportation for any term not exceeding fourteen years.
No distinction is now made as to whether the foetus is or is not alive, legislation appearing to make the offence statutory with the object of prohibiting any risk to the life of the mother.