Articled Clerk - Law Dictionary Search Results
Home Dictionary Name: articled clerkArticled Clerk
Articled Clerk, a pupil of a solicitor, who undertakes, by Articles of clerkship, containing covenants, mutually binding, to instruct him in the principles and practice of the profession. See SOLICITOR.Means a clerk who works for a solicitor in exchange for learning profession, a clerk bound by articles of apprenticeship, Black Law Dictionary 7th Edn., p. 107....
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Law society
Law society, means a professional organisation in England, chartered in 1845, governing the education, practice and conduct of articled clerks and solicitors. A clerk or solicitor must be enrolled with the law society to be admitted to the legal profession, Black's Law Dictionary, 7th Edn., p. 894. See also INCORPORATED LAW SOCIETY....
Militia
Militia, the national soldiery, as distinguished from the regular forces or standing army, being the inhabitants, or, as they have been sometimes called, the trained bands of a town or county, who are armed on a short notice for their own defence. as to its origin see Hall, Cons. Hist. iii. p. 259. The statutes on this subject make service compulsory upon all men between eighteen and thirty, who are to be selected by ballot (23 & 24 Vict. c. 120, s. 7), with exceptions for peers, clergymen, articled clerks, officers on half pay, apprentices, poor men having more than one child born in wedlock and other persons (42 Geo. 3, c. 90, s. 43); but by Acts dating from 10 Geo. 4, c. 10, the making of lists and the ballots and enrolments for the Militia were from time to time suspended.Finally in 1865, by the (English) Militia (Ballot Suspension) Act, 1865--a temporary Act, continued annually from time to time by successive Expiring Laws Continuance Acts--these statutes were suspended, subject t...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:--By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.'Induction is the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Secret
Secret. A solicitor, and it is presumed also a barrister, is bound by law not to disclose his client's secrets, and the same rule does not appear to apply as between medical men and their patients, see as to this Chitty on Contracts, and Kitson v. Playfair, Times, 28th March, 1896. As to privileged communica-tions, however, the privilege is that of the client, not of the solicitor. The clerk of a professional or business man is under an implied contract not to disclose professional or trade secrets which he has learned in the course of his employment, Merryweather v. Moore, (1892) 2 Ch 518; Amber Size and Chemical Co., Ltd. v. Menzel, (1913) 2 Ch 239.As to official secrets, see that title; and as to secrets of the confessional, see CONFESSION.As to secret commission, corruptly taken by an agent from the party with whom he is employed by his principal to transact business for such principal, see COMMISSION; CORRUPT PRACTICES.To secrete means, according to the dictionary 'to hide' in con...
sale
sale 1 a : the transfer of title to property from one party to another for a price ;also : the contract of such a transaction see also short compare barter, donation, exchange, gift absolute sale : a sale that takes place without conditions and with title simply passing to the buyer upon payment of the price compare conditional sale in this entry bulk sale : a sale not in the ordinary course of the seller's business of more than half of the seller's inventory called also bulk transfer NOTE: Article 6 of the Uniform Commercial Code governs bulk sales. Under section 6-102(c), in order for a sale to be considered a bulk sale, the buyer (or an auctioneer or liquidator if the sale is an auction) must have been given notice or been able upon reasonable inquiry to have had notice that the seller will not afterward continue to operate the same or a similar kind of business. cash sale : a sale in which payment must be made in cash NOTE: Under U.C.C. section 2-310, payment must be made ...
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