Conge D Accorder - Law Dictionary Search Results
Home Dictionary Name: conge d accorderConge d accorder
Conge d accorder, leave to accord or agree, 8 Edw. 1....
Conge d'Eslire, or elire
Conge d'Eslire, or elire (leave to elect). The king's licence or permission sent to a dean and chapter to proceed to the election of a bishop or archbishop, when the office becomes vacant. By 25 Hen. 8, c. 20, the sovereign may grant this licence 'with a letter missive containing the name of the person whom they shall elect and choose,' and it is enacted that the dean and chapter shall elect the said person and none other, and that if they defer their election above twelve days, the sovereign at his liberty and pleasure shall appoint such person to the office as he shall think able and convenient for the same. See R. v. Archbishop of Canterbury, (1902) 2 K B 503....
Bishop
Bishop [fr. 'plokopoV, Gk. Biscop, Sax.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the king's cong' d' 'lire, or license to elect the person named by the king, accompanied, by virtue of 25 Hen. 8, c. 20, by a letter-missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the king, by letters-patent, may nominate whom he pleases. A bishop is said to be installed, and there are four things necessary to his complete title: (1) election, which resembles the presentation of a clerk to an ecclesiastical benefice; (2) confirmation, which cannot be opposed on doctrinal grounds: see Reg. v. Archbishop of Canterbury, 1902 KB 503, under title CONFIRMATION OF BISHOPS; (3) consecration, similar to institution; (4) installation, answering to induction. The bishop are the lords spiritual in Parliament: see HOUSE OF LORDS....
Confirmation of Bishop
Confirmation of Bishop, the ratification by the arch-bishop of the election of a bishop by dean and chapter under the king's letter missive prior to the consecration of the bishop by the archbishop, as directed (see CONGE D'ESLIRE) by 25 Hen. 8, c. 20. It was undecided, from1848 to 1902, whether this ceremony be ministerial or judicial, i.e., whether the archbishop can refuse to confirm. See Queen v. Archbishop of Canterbury, (1848) 11 QB 483, in which the Court of four judges was equally divided in discharging a rule for a mandamus to hear objections, on the ground of heterodoxy, to the confirmation of Dr. Hampden, as Bishop of Hereford. Since then objection has been many times taken to a confirmation:-to that of Dr. Prince Lee as Bishop of Manchester, in 1848; to that of Dr. Temple as Bishop of Exeter, in 1869; to that of Dr Temple as Archbishop of Canterbury, in 1896; to that of Dr. Creighton as Bishop of London, in 1897; to that of Dr. Ingram as Bishop of London, in 1901; and to th...
Letter-missive
Letter-missive. When a peer was made a defendant in the Court of Chancery, the Lord Chancellor sent a letter-missive to him, to request his appearance, together with a copy of the bill, petition, and order; if he neglected to appear to this, he was then served with a copy of the bill and a citation to appear and answer; if he continued still in contempt, a sequestration nisi, which was made absolute in the usual way, issued immediately against his lands and goods, without any of the arresting processes of attachment, etc., which cannot affect a Lord of Parliament. See 1 Dan. Ch. Pr.Also, for electing a bishop, a letter-missive from the sovereign is sent to the dean and chapter, containing the name of the person whom he would have them elect. See CONGE D'ELIRE....
Accord
Accord. An amicable arrangement between parties especially between people or nation; compact or treaty, Black's Law Dictionary, 7th Edn. Accord and Satisfaction [fr. accorder, Fr., to agree], an agreement between two persons, one of whom has a right of action against the other, that the latter should do or give and the former accept something in satisfaction of the right of action. When the agreement is executed, and satisfaction has been made, it is called accord and satisfaction. Accord and satisfaction bars the right of action; accord without satisfaction, or satisfaction without accord, does not.* In the case of an ascertained debt, the acceptance of a smaller sum is no satisfaction, e.g., payment of Rs. 50. is no answer to an action for a debt of Rs. 100; though if anything other than money, e.g., a negotiable instrument for a smaller amount or a peppercorn, had been accepted in satisfaction, the action would have been barred, see Couldery v. Bartrum, (1881) 19 Ch D 399; Cumber v....
cong
cong 1 congress 2 congressional ...
Winning
Winning, a mineral means getting or extracting it from the mine, Bihar Mines Ltd. v. Union of India, AIR 1967 SC 887 (892). [Mines and Minerals (Regulation and Development) Act, 1957, s. 3(d)]According to the Shorter Oxford Dictionary, 'to win' has the meanings: (i) to get or extract coal or other mineral from the mine, pit or quarry; (ii) to sink shaft or make excavation so as to reach a seam of coal or vein of ore and prepare it for working. The expression 'to win' interpreted in the English cases was in respect of the context of the expression used in certain leases. The expression 'winning' in a constitutional provision like Art. 31A(1)(e) should be given a wider meaning as the Constitution-makers would be using it to cover cases which deal with the obtaining of minerals and in that case wider meaning would be 'to get or extract the mineral from the mine', the expression 'winning' in Article 31A(1)(e) be construed to mean getting or extracting mineral from the mines and other incid...
accord
accord 1 : to bring into agreement 2 : to grant or give esp. as appropriate, due, or earned vi : to be consistent or in harmony NOTE: Accord in this sense is often used to introduce a case or an authority that accords with the case or authority just cited, as for example in a sentence like “… a decision based on equitable principles. Accord Smith v. Jones, 1 F.2d 2 (1900).” n 1 : agreement of opinion [both cases in ] 2 : a formal act of agreement : treaty [an economic ] 3 : an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation ;also : the defense that an accord was agreed upon usually used in the phrase accord and satisfaction; called also executory accord compare composition, compromise, novation, satisfaction substituted contract at contract, transaction ...
D'Oench doctrine
D'Oench doctrine [from D'Oench, Duhme & Co., Inc. v. Federal Deposit Insurance Company, 315 U.S. 447 (1942), the Supreme Court case establishing the doctrine] : a doctrine in banking law: a party (as a borrower or guarantor) cannot assert an unrecorded agreement with a failed bank against attempts by the federal insurer (as the Federal Deposit Insurance Corporation) or its assigns to collect on a promissory note (as a loan) called also D'Oench Duhme doctrine ...
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