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Chief Justice Of England - Law Dictionary Search Results

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Chief Justice of England

Chief Justice of England, the presiding judge in the King's Bench Division of the High Court of Justice, and, in the absence of the Lord Chancellor, President of the High Court, and also an ex-officio judge of the Court of Appeal (Jud. Act, 1873, s. 5, Jud. Act, 1875, s. 6) [now Judicature Act, 1925, s. 6(2)]. The full title is, 'Lord Chief Justice of England,' abbreviated L.C.J.The 'Levies of the Chief Justices of England' down to that of Lord Mansfield (who was appointed in 1756, resigned in 1788, and died in 1793) was brought out by Lord Campbell in 1849....


Chief Justice of the Common Pleas

Chief Justice of the Common Pleas, the presiding judge in the court of Common Pleas, and afterwards in the Common Pleas Division of the High Court of Justice, and one of the ex-officio judges of the High Court of appeal (English) (Jud. Act, 1873, s. 5, and Jud. Act, 1875, s. 4). He had five (formerly four, until 31 & 32 Vict. c.125, see s. 11) puisne judge associated with him. In 1881, after the promotion of Lord Chief Justice Coleridge to the office of Lord Chief Justice of England, the office was abolished by Order in Council under s. 31 of the (English) Jud. Act, 1873, and merged in that of Lord Chief Justice of England....


Coke, Sir Edward

Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...


Chief Baron of the Exchequer

Chief Baron of the Exchequer, the presiding judge in the court of Exchequer, and afterwards in the Exchequer Division of the High Court of Justice. In 1881, after the death of Lord Chief Baron Kelly, the office was abolished by Order in Council under s. 31 of the Jud. Act, 1873, and merged in that of Lord Chief Justice of England....


Criminal Appeal Act, 1907 (English)

Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...


King's Bench

King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...


Appeal, Court of (U.K.)

Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...


Precedence or precedency

Precedence or precedency, the act or state of going before; adjustment of place.The rules of precedence may be reduced to the following list, in which those marked * are entitled to the rank here allotted them by 31 Hen. 8, c. 10; marked ' by 1 W. & M. c. 1; marked by letters-patent, 9, 10 & 14 Jac. 1, which see in Seld. Tit. of Hon. ii. 5, 46; marked ' by ancient usage and established custom, Camden's Brit., tit. 'Ordines'; Milles's Cat. of Hon. 1610; and Chamberlayne's Prest. St. of Eng., b. 3, c. iii; see 1 Bl. Com. 404.* The King's children and grandchildren.* The King's consort.* The King's uncles.* The King's nephews.* Archbishop of Canterbury (a).* Lord High Chancellor or Keeper, if a baron.* Archbishop of York.Prime Minister.By royal warrant dated December, 1905.* Lord Treasurer.* Lord President of the Council. } barons.* Lord Privy Seal.(a) The judges of assize, while on circuit, take pre-cedence of every subject.*Lord Great Chamberlain.But see Private Stat.1 Geo. 1, c. 3.* Lo...


Puisne

Puisne [fr. puisne Fr.], junior, inferior, lower in rank. The several judges and barons of the former Common Law Courts to Westminster, other than the chiefs, were called puisne. By s. 5 of the (English) Judicature Act, 1877, a puisne judge of the High Court means, for the purposes of that Act, a judge of the High Court other than the Lord Chancellor, the Lord Chief Justice of England, and their successors respectively. Puisne judges of the High Court shall be styled Justices of the High Court [(English) Jud. Act, 1925, s. 2 (4)]. The term is also used as meaning later for subsequent with reference to mortgagees and the like, e.g., puisne mortgagees....


Roman Catholics

Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...


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