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Chancery - Law Dictionary Search Results

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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 ...


Lyon's Inn

Lyon's Inn, an Inn of Chancery. See INNS OF CHANCERY...


Irish and Scots Courts' Judgments

Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but ...


Procedure

Procedure, 'procedure' in Article 21 cannot be arbitrary, unfair or unreasonable, Maneka Gandhi v. Union of India, AIR 1978 SC 597: (1978) 1 SCC 248: (1978) 2 SCR 621.The mode in which the successive steps in litigation are taken. The procedure of the Common Law courts was regulated by the C.L.P. Acts of 1852, 1854, and 1860; as to which see Day's C.L.P. Acts. As to the procedure in equity, consult Daniell's Chancery Practice, and Morgan's Chancery Acts and Orders. The procedure in actions in the High Court of Justice and the Court of Appeal is now governed under the (English) Judicature Act, 1925, for the most part by the Rules of the Supreme Court, based on the rules in the schedule to the (English) Judicature Act, 1875; but where no other provision is made by the Acts or those rules, the former procedure remains in force. See PRACTICE.Means the manner and form of enforcing of law. It must be taken to signify some step or method or manner or proceedings leading up to the deprivation ...


Petty-bag Office

Petty-bag Office, an office belonging to the Common Law jurisdiction of the Court of Chancery, for suits for and against solicitors and officers of that Court, and for process and proceedings by extents on statutes, recognizances, ad quod damnum scire facias to repel letters-patent, etc., Termes de la Ley. The term is derived from the little bag (parva baga) in which original writs relating to the business of the Crown were anciently kept.By the Great Seal Offices Abolition Act, 1884, s. 5, provision was made for the abolition of the office of Clerk of the Petty Bag, and the transfer of his duties, and in 1888, the last holder of the office dying, it ceased to exist.The Common Law jurisdiction of the Court of Chancery is now transferred to the High Court of Justice [(English) Jud. Act, 1925, s. 18(2)(b)], replacing (English) Jud. Act, 1873, s. 16).Pew [fr. puye, Dut.; appui, Fr.], an enclosed seat in a church. It is some what in the nature of an heirloom, and may descend by immemorial ...


Visitor

Visitor, an inspector of, incidental to and necessary for all elemosynary, many ecclesiastical and other corporations, endowed and other colleges, schools, hospitals and institutions; also of a college, corporation or hospital [see (Halsb. L.E. (Hailsham Edn.), vol. iv., tit. 'Charities'; and Cathedrals Measure, 1931 (21 & 22 Geo. 5, No. 7)] The Court of Chancery has exercised the right of visitation on behalf of the Crown, in whom the right (see 25 Hen. 8, c. 21 and 1 Eliz. c. 1, s. 2) of visitation and inspection lies, in default of special visitors. Under the (English) Lunacy Act, 1890, Parts VI. and VII., ss. 163 to 206, Chancery visitors of persons of unsound mind, so found by inquisition, appointed by the Lord Chancellor visiting committees under the regulations of a mental hospital, visitors appointed by justices, and visiting commissioners have special powers and duties to inspect persons, treatment documents and places in connection with persons of unsound mind. See also IDIOT...


Relator

Relator, a rehearser, teller, or informer. It was the name given to a plaintiff in an information in Chancery, where the rights of the Crown were not immediately concerned, who was responsible for costs; he must have given the solicitor a written authority to file the information, 15 & 16 Vict. c. 86, s. 11. For the former information in Chancery an action is now substituted (see R.S.C. Ord. 1., r. 1), but the term 'relator' is still in use as meaning the person responsible for costs at whose suggestion an action is commenced by the Attorney-General.Also, a person who brings an information in the nature of a quo warranto, or a criminal information.Means a party who has standing and on whose behalf a writ is petitioned for by the state as plaintiff, State ex rel. Tate v. Turner, 789 SW 2d 240 (1990)....


Royal Courts of Justice

Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...


Staple inn

Staple inn, an Inn of Chancery. See INNS OF CHANCERY....


Stop Order

Stop Order. If any person entitled, in expectancy or otherwise, to any share of any stocks or funds, standing in the name of the Paymaster-General (formerly the Accountant-General of the Court of Chancery: see (English) Chancery Funds Act, 1872) to the general credit of any cause, or to the account of any class or classes of persons, assign his interest in such stock or funds, the assignee (although not a party to the cause in which the fund is standing) may apply by summons for a stop order to prevent the transfer or payment of such tock or funds, or any part thereof, without notice to him. And a person having a lien on a fund in Court may obtain a stop order. See (English) R.S.C. 1883, Ord. XLVI.; and consult Dan. Ch. Pr.; Seton on Judgments....



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