Chiltern Hundreds - Law Dictionary Search Results

Home Dictionary Name: chiltern hundreds

Chiltern hundreds

Chiltern hundreds. A member of the House of Commons cannot resign his seat. He may, however, become disqualified by acceptance of an office of profit under the Crown. A member therefore usually vacates his seat by the acceptance of the stewardship of the Chiltern Hundreds, or some other nominal office in the gift of the Chancellor of the Exchequer. The practice began about the year 1750; but the duties and profits of the stewardship have long since ceased, and the office is only retained to serve this particular purpose. The Chiltern Hills, a range of chalk eminences separating the counties of Bedford and Hertford, were formerly covered with thick beechwood, and sheltered numerous robbers; to put these marauders down, and protect the inhabitants of the neighbourhood from their depredations, an officer was appointed under the Crown called the Steward of the Chiltern Hundreds, which were Burnham, Desborough and Stoke.The Crown, for the convenience of the House at large, is ordinarily rea...

Chiltern Hundreds

A tract of crown land in Buckinghamshire and Oxfordshire England to which is attached the nominal office of steward As members of Parliament cannot resign when they wish to go out they accept this stewardship which legally vacates their seats...

Office of profit

Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...

Resignation

Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...

Hundred

Hundred, a subdivision of the county, the nature of which is not known with certainty. In the Dialogus de Scaccario, it is said that a hunred 'ex hydarum aliquot centenariis, sed non determinatis constat; quidam enim ex pluribus, quidam ex pauucioribus constat.' Some accounts make it consist of precisely a hundred hides: others, of a hundred tithing, or of a hundred fee families. Certain it is that whatever may have been its original organization, the hundred, at the period when it became known to us, differed greatly as to the extent in the several parts of England. This division is ascribed to King Alfred, and he may possibly have introduced it into England, though it was established among the Franks in the sixth century. In the capitularies of Charlemagne we meet with it in the form known among us, Capit. 1. 3, c. x. See HUNDREDORS....

Hundred-lagh or Hundred-law

Hundred-lagh or Hundred-law, a hundred Court....

Hundred Court

Hundred Court, a larger Court-baron, being held for all the inhabitants of a particular hundred instead of a manor. The free suitors were here also the judges, and the steward the registrar, as in the case of court-baron. It was not a Court of record; it resembled a court-baron in all points except that in point of territory it was of a greater jurisdiction. It was denominated h'reda in the in the Gothic constitution. Causes were removed by the same writ as from a Court-baron, and its proceedings might be reviewed by writ of false judgment. The court is become obsolete, but the County Courts Act, 1888, s. 6, re-enacting s. 14 of the County Courts Act, 1846, still treated it as existing, by providing for the surrender of the right of hold it. The Salford Hundred Court of Record still exists under special statutory provision. See County Courts (Amendment) Act, 1934 (24 & 35 Geo. 5, c. 17), s. 34, which repealed s. 6 as obsolete....

<< Prev.
1
2
3
4
5
6
7
8
9
10
11
Next >>
Last >>

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial