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Acting Judge - Law Dictionary Search Results

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Acting Judge

Acting Judge, means a person who was appointed to act as a Judge under sub-s. (2) of section 22 of the Government of India Act, 1935. [High Court Judges (Conditions of Service) Act, (28 of 1954), s. 2(b)]...


Master of the Rolls

Master of the Rolls [magister rotulorum, Lat.], originally the chief of a body of officers called the Masters in Chancery, of whom there were eleven others, including the Accountant-General. The Master of the Rolls subsequently became a judge of the Court of Chancery, who ranked next to the Lord Chancellor, and had the keeping of the rolls and grants which passed the Great Seal, and the records of the Chancery. All orders and decrees by him made, except such as by the course of the Court, were appropriated to the Great Seal alone, were deemed to be valid, subject, nevertheless, to be discharged or altered by the Lord Chancellor, and were not enrolled till they were signed by the Lord Chancellor, 3 Geo. 2, c. 30.This judge, by the (English) Jud. Act, 1881, s. 2 [see now Jud. (English) Act, 1925, s. 6 (2)], now sits in the (English) Court of Appeal only. Before that Act he was the second judge of the Chancery Division of the High Court of Justice [Jud. Act, 1873, s. 31 (1)], and also an ...


Acting Chief Justice

Acting Chief Justice, A judge appointed under article 126 of the constitution to perform the duties of the Chief Justice of India. [High Court Judges (Conditions of Service) Act, 1954, (28 of 1954), s. 2(a)], [Supreme Court Judges (Conditions of Service) Act, (41 of 1958), s. 2(a)]...


Additional Judge

Additional Judge, A person appointed as an additional judge under sub-section (3) of sec. 222 of the Govt. of India Act, 1935. [High Court Judges (Conditions of Service) Act, (28 of 1954), s. 2(d)]...


Chief Clerks of Judges in Equity

Chief Clerks of Judges in Equity, appointed under 15 & 16 Vict. c. 80, s. 16, to act in the place of the abolished Masters in Chancery, They were continued in office, under the judges of the Chancery Division of the High Court of Justice, by (English) Jud. Act, 1873, ss. 77-86. In 1897 the title of 'Chief Clerk' was altered to that of 'Master of the Supreme Court.' See R. S. C., Ord. LV., and (English) Judicature Act, 1925, ss. 110-130....


Deputy

Deputy [fr. depute, Fr.], one who governs and acts instead of another, or who exercises an office, etc., in another man's right.By the Sheriffs Act, 1887 (see SHERIFF), every sheriff is directed to appoint a sufficient deputy having an office within a mile of the Inner Temple Hall, for the receipt of writs, etc.Judges of the Supreme Court cannot act by deputy; but County Court judges can under County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), ss. 11, 12, 15, in case of illness or unavoidable absence; and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 166, enables recorders to appoint deputies in similar cases.As to appointment of deputy to recorder, stipendiary magistrate, or clerk of the peace, in case of inability of recorder, etc., himself to appoint, see the Recorders, Stipendiary Magistrates, and Clerks of the Peace Act, 1906 (6 Edw. 7, c. 46). A deputy cannot make a deputy, 9 Rep. 49....


Judge

Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...


County Courts

County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...


Judge Advocate, Judge Advocate-General

Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...


Distress

Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...


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