KNOWINGLY

1047 KNOWN CHANNEL

Dangerous Goods by railway (Hearne v. Garton, 2 E. & E. 66; 28 L. J. M. C. 216).

So, there must be knowledge, or at least the means of knowledge, of Obstruction to make a Surveyor liable under s. 56, Highway Act, 1835 (Hardcastle v. Bielby, cited ALLOW). So, under s. 27 (3), Sale of Food and Drugs Act, 1875 (V. FALSE WARRANTY); so, under ss. 6, 8 Ib., and therefore a master is not responsible under the latter sections for a sale by a servant contrary to express orders (Kearley v. Tonge, 60 L. J. M. C. 159; nom. Kearley v. Tylor, 65 L. T. 261: Sothe, 42 S. J. 91). Sv, Farley v. Higginbotham, cited REFUSAL.

As to s. 8, 6 & 7 W. 4, c. 37; V. Core v. James, 41 L. J. M. C. 19; L. R. 7 Q. B. 135.

V. LAWFUL EXCUSE: SUFFER: Stone, 733, 734: Maxwell, 115: 6 Encyc. 125-127.

Knowingly and wilfully intermarry, without due publication of BANNS," s. 22, Marriage Act, 1823, 4 G. 4, c. 76; V. R. v. Clarke, 16 L. T. 429; 15 W. R. 796. V. MARRY.

Knowingly issuing" Fraudulent Prospectus, s. 38, Comp Act, 1867, means, intentionally issuing it (Twycross v. Grant, 2 C. P. D. 469; 46 L. J. C. P. 636).

"Knowingly permits" Sewage to fall into a Stream; V. CAUSE OR PERMIT.

"Knowingly sell, publish or expose to sale" any printed book contrary to s. 17, Copyright Act, 1842, 5 & 6 V. c. 45; V. Cooper v. Whittingham, 49 L. J. Ch. 752; 15 Ch. D. 501.

In Royse v. Birley (cited PUBLIC SERVICE), the Court read "knowingly and willingly" into the first part of s. 1, 22 G. 3, c. 45, taking that phrase from the latter part, and applying it to the first part, of the section. V. FRAUD: MALICE: NEGLIGENTLY: WILFUL NEGLECT: WILFULLY: WITTINGLY: PRESUME: OFFENCE: INNOCENTLY ACTED.

KNOWLEDGE.-"Come to the Knowledge"; V. COME TO.

KNOW.

Cp,

"Knowledge and Belief" in an affidavit, cp, 'Information and Belief," sub INFORMATION.

"Notice and Knowledge "; V. NOTICE.

V. NOT TO MY KNOWLEDGE: SCIENTEr.

KNOWN. - Husband or wife absent and not "known" by the other to be living within 7 years, s. 22, 9 G. 4, c. 31, meant, not "known" at any time during the 7 years (R. v. Cullen, 9 C. & P. 681); but "known" did not include "having the means of knowing" (R. v. Briggs, Dears. & B. 98).

V. R. v. Tolson, cited KNOWINGLY: BIGAMY. Cp, KNOW.

KNOWN CHANNEL.-V. DEFINED CHANNEL.

KUT-KUBALA

KUT-KUBALA. A Kut-kubala, or Bye-bil-waffa, is a Deed of Conditional Sale, and one of the customary deeds or instruments of security in INDIA as declared by Regulation 17 of 1806, regulating the legal proceedings to be taken to enforce such deeds; such conditional. sales are to be regarded in the same light as mortgages, and therefore, adverse possession is not to be presumed against a person claiming under such a conditional sale (Prannath Roy Chowdhry v. Ramrutton Roy, 8 W. R. 29, cited also GOOD CAUSE). The deed in that case began as follows, "To the high in dignity, Baboo Prannath Chowdhry. This mortgage-deed, or kut-kubala, of the land and garden house, held under a khirajeepottah (rent-lease) is executed in the year 1231 (i.e. 1825 A. D.), by Meer Sydoo and Beebee Noor Jehan, neekahee wife of the said Meer, inhabitants of Cossipore."

L. S.-L. S. as commonly encircled at the end of a copy of a DEED, in or about the place where the seal would be in the original, is the abbreviation of Locus Sigilli, the place of the seal; and is the proper designation and copy of the seal (Smith v. Butler, 25 N. Hamp. 524).

LABEL. Quà Merchandize Marks Act, 1887, "Label,' includes any Band or Ticket" (subs. 2, s. 5).

V. TRADE-MARK.

Work

LABOUR. "The expression used" (in the definition of man" in the Employers and Workmen Act, 1875, and Employers' Liability Act, 1880), " is not 'manual Work,' but manual Labour'; for many occupations involve the former but not the latter, such as telegraph clerks, and all persons engaged in writing" (per Smith, J., Cook v. Metrop Tramways Co, 18 Q. B. D. 684; 56 L. J. Q. B. 309; 56 L. T. 448; 57 Ib. 476; 35 W. R. 577; 51 J. P. 630); in who it was held that the Driver of a Tram-car, though engaged in manual work, is not engaged in manual labour, and is, therefore, not a "Workman " within the Acts cited: so, of a Hairdresser (R. v. Louth Jus., 1900, 2 I. R. 714).

Probably, the true meaning of "Labour" is this, "Real labour,' is that which tests a man's muscles and sinews" (per Esher, M. R., Yarmouth v. France, 19 Q. B. D. 651).

V. LABOURER: MANUAL LABOUR: PERSONAL LABOUR: TROUBLE: WORKMAN.

LABOURER." A 'Labourer,' is a man who digs and does other work of that kind with his hands. A Carpenter or a Bailiff or a Parish Clerk is not called a Labourer " (per Brett, L. J., Morgan v. London Gen. Omnibus Co, 53 L. J. Q. B. 353; 13 Q. B. D. 832: Vf, per Lopes, L. J., Re Gerard, 1893, 3 Ch. 252; 63 L. J. Ch. 23).

So, under s. 1, 20 G. 2, c. 19, a Man in Possession was not a "Labourer (Bramwell v. Penneck, 7 B. & C. 536; 1 M. & R. 409). Neither would "Labourer" include a skilled ARTIZAN; "there being, as I take it, a known distinction between a JOURNEYMAN in any art, trade, or mystery, or other workman employed in the different branches of it, and a Labourer" (per Ellenborough, C. J., Lowther v. Radnor, 8 East, 124).

LABOURER

1050

LACE

A Fireman or a Stoker on board ship (or, probably, on land) is a "Labourer," within the exemption from Agreement Duty in the Stamp Acts (Wilson v. Zulueta, 19 L. J. Q. B. 49; 14 Q. B. 405); so, semble, of a Farm Bailiff who takes charge of glebe lands at a salary and share of profits (R. v. Wortley, 21 L. J. M. C. 44; 2 Den. 333). In the Campbell, C. J., said, "I see no reason for confining the meaning of the word Labourer' to a mere hedger and ditcher."

་

V. LABOUR: ARTIFICER: HANDICRAFTSMAN: MECHANIC: SERVANT: WORKMAN.

It is doubtful whether the word "Labourer" in the Sunday Observance Act, 1677, 29 Car. 2, c. 7, extends to an Agricultural Labourer (R. v. Silvester, 33 L. J. M. C. 79, nom. R. v. Cleworth, 4 B. &. S. 927; nom. Cleworth v. Leigh Jus., 12 W. R. 375). That case decided that a FARMER is not a Labourer within the Act, even though he work with his own hands.

Agricultural Labourer; V. AGRICULTURAL.

Quà Land Law (Ir) Acts, "Labourer" means, a man whose occupa tion, during the ordinary season of agricultural work, is the doing of Agricultural Work for HIRE on the HOLDING; and shall include, a Herdsman" (s. 26 (1), 54 & 55 V. c. 48).

"The Labourers (Ireland) Acts, 1883 to 1892"; V. Sch 2, Short Titles Act, 1896.

A representation that a Ship "will carry Emigrant Labourers, not more than 40," is satisfied if not more than that number of men are taken; although with their wives and children the number is exceeded (Richards v. Hayward, 2 M. & G. 574; 10 L. J. C. P. 108; 2 Sc. N. R. 670).

LABOURING CLASSES. - Quà s. 5 (and by its subs. 7), Metropolitan Police Act, 1886, 49 & 50 V. c. 22, "Persons belonging to the Labouring Classes,' includes, mechanics, artizans, labourers, and others, working for WAGES, hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons (other than DOMESTIC SERVANTS) whose income does not exceed an average of 30s. a week; and the families of any such persons who may be residing with them."

That def is adopted quà s. 8 (V. subs. 3), of the Sch to Electric Lighting Clauses Act, 1899, 62 & 63 V. c. 19, by which, however, "Labour ing Classes means the enumerated persons, instead of merely including

them.

Cp, WORKING CLASSES.

LACE. As used in s. 1, Carriers Act, 1830, "Lace" does not include Machine made Lace (s. 1, 28 & 29 V. c. 94); but it includes a

LACE

1051

LAID UP

piece of valuable lace framed for an exhibition (Treadwin v. G. E. Ry,

L. R. 3 C. P. 308; 37 L. J. C. P. 83).

"Lace Factories"; "Lace Machine "; V. s. 4, 24 & 25 V. c. 117.

"Lace Warehouses"; V. NON-TEXTILE FACTORIES.

LACHES.

Laches, or lasches, is an old French word for slacknesse or negligence, or not doing" (Co. Litt. 380 b: Va, Ib. 246 b: Termes de la Ley Cowel): that def was cited and applied by North, J., Partridge v. Partridge, 1894, 1 Ch. 351; 63 L. J. Ch. 122.

"Laches' is a neglect to do something which by law a man is obliged to do" (per Ellenborough, C. J., Sebag v. Abitbol, 4 M. & S. 463).

LACTARIUM: LACTITIUM.. V. VACCARIA.

LADIES' OUTFITTER. What amounts to a breach of a covenant not to carry on the business of a Ladies' Outfitter "; V. Stuart v. Diplock, 59 L. J. Ch. 142; 43 Ch. D. 343; 38 W. R. 223: Vthc, Bailey v. Skinner, cited CARRY ON; which dealt with a like covenant quà " General Draper."

LADING. V. LOAD: PORT: BILL OF LADING.

LADY DAY. V. MICHAELMAS.

LÆSE MAJESTATIS. "When disloyalty so rears its crest as to attack even Majesty itself, it is called by way of eminent distinction HIGH TREASON, alta proditio, being equivalent to the Crimen Læsæ Majestatis of the Romans, as Glanvil (lib. 1, c. 2) denominates it also in our English law" (4 Bl. Com. 75). Glanvil's instances, quà English law, are Regicide and Sedition.

LAGAN.-V. FLOTSAM.

LAGE-DAY. V. LAW DAY.

LAID OUT."Money laid out," s. 7, S. L. Act, 1882, does not comprise a past voluntary expenditure; it means, money "laid out" in reference to the transaction of which the lease to be granted under the section is part (Re Chawner, cited CONSIDERATION).

V. NEW STReet.

LAID UP. — A clause in a Marine Insrce for a return of part of the premium if the Ship "is sold, or laid up," means ("laid up" being in association with "sold"), "a permanent laying up similar to that which would take place if the Ship had been sold; i.e. such a laying up as would put a final end to the policy "(per Tenterden, C. J., Hunter v. Wright, 10 B. & C. 714).