County Court - Law Dictionary Search Results
Home Dictionary Name: county courtCornwall, Duke of
Cornwall, Duke of, one of the titles of the eldest son of the reigning sovereign of the United Kingdom. He is Duke of Cornwall by inheritance, and is usually made Prince of Wales and Earl of Chester by special creation and investiture. Cornwall is a Royal Duchy, the revenues of which belong to the eldest son of the sovereign for the time being, and are administered under the (English) Duchy of Cornwall Management Acts, 1863 and 1868 (26 & 27 Vict. c.49), (31 & 32 Vict. c. 35), s. 25 of the earlier Act abolishing leases for lives (see LIVES). The special jurisdiction and powers of the Vice-Warden of the Stannaries Court [see (English) Stannaries Acts, 1836 and 1837] were abolished by the (English) Stannaries Court (Abolition) Act, 1896 (59 & 60 Vict. c. 45), the jurisdiction and powers being transferred to the County Court of Cornwall, see (English) County Courts Act, 1934 (24 & 25 Geo. 5, c. 53); Chitty's Statutes, tit. 'Local Courts,' See also STANNARY....
Country court limit
Country court limit, means (1) in relation to any enactment contained in the County Courts Act, 1984, for which a limit is for the time being specified by an order under section 145, County Courts Act, 1984, s. 145 (UK), Halsbury's Laws of England, para 863, p. 464....
Deputy
Deputy [fr. depute, Fr.], one who governs and acts instead of another, or who exercises an office, etc., in another man's right.By the Sheriffs Act, 1887 (see SHERIFF), every sheriff is directed to appoint a sufficient deputy having an office within a mile of the Inner Temple Hall, for the receipt of writs, etc.Judges of the Supreme Court cannot act by deputy; but County Court judges can under County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), ss. 11, 12, 15, in case of illness or unavoidable absence; and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 166, enables recorders to appoint deputies in similar cases.As to appointment of deputy to recorder, stipendiary magistrate, or clerk of the peace, in case of inability of recorder, etc., himself to appoint, see the Recorders, Stipendiary Magistrates, and Clerks of the Peace Act, 1906 (6 Edw. 7, c. 46). A deputy cannot make a deputy, 9 Rep. 49....
Time
Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time dur...
Chancellor, Lord
Chancellor, Lord, properly, 'the Lord High Chancellor of Great Britain' [fr. Cancellarius, low Lat., cancelli, Lat., latticework], the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the king's Great Seal into his custody. He may not be a Roman Catholic (10 Geo. 4, c. 7, s. 12). He is a cabinet minister, a privy councillor, and prolocutor of the House of Lords by prescription (but not necessarily, though usually, a peer of the realm), and vacates his office with the ministry by which he was appointed, but is entitled to a pension. When royal commissions are issued for opening the session, for giving the royal assent to bills, or for proroguing Parliament, the Lord Chancellor is always one of the commissioners, and reads the royal speech on the occasion. To him belongs the appointment of all justices of the peace throughout the kingdom, and the appointment and removal of county court judges (se...
Foreclosure
Foreclosure. A mortgagee, or any person claiming an interest in the mortgage under him, can compel the mortgagor, after breach of the condition, to elect either to redeem the pledge or that his equity of redemption be extinguished by an order of the Court. The foreclosure of mortgages is one of the matters assigned to the Chancery Division of the High Court. [Jud. Act, 1925, s. 56(1)]A legal proceeding to terminate a mortgagor's interest in property, instituted by lender either to gain title or to force a sale in order to satisfy the unpaid debt secured by property, Black's Law Dictionary, 7th Edn.Law of Property Act, 1925 (English) s. 91, replacing the Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 25, replacing the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), s. 48, empowers either mortgagor or mortgagee to obtain an order for sale instead of redemption or foreclosure.See ss. 88 and 89 of the (English) L.P. Act, 1925, in regard to the estate acquired by the mortgag...
Allowance
Allowance [fr. locare, Lat.; allocare, allogare, It.; alogar, Prov.; louer, allouer, Fr., to place or assign], a deduction, an average payment, a portion.Also in selling goods, or in paying duties upon them, certain deductions are made from their weights, depending on the nature of the packages in which they are inclosed, and which are regulated in most instances by the custom of merchants, and the rules laid down by public offices. These allowances, as they are termed are distinguished by the epithets draft, tare, tret, and cloff.Draft is a deduction from the original or gross weight of goods, and is substracted before the tare is taken off.Tare is an allowance for the weight of the bag, box, cask, or other package in which goods are weighed.Real, or open tare, is the actual weight of the package.Customary tare is, as its name implies, an established allowance for the weight of the package.Computed tare is an estimated allowance agreed upon at the time.Average tare is when a few packa...
Adjournment
Adjournment [fr. jour, Fr., a day], a putting off to another time or place, a continuation of a meeting from one day to another. An adjourned meeting is in ordinary cases a mere continuation of the original meeting and no fresh notice of it need be given, Scadding v. Lorant, (1851) 3 HLC 418. The adjournment of a trial is in the discretion of the judge. As to adjournment of trial in the High Court, see R.SC. Ord. XXXVI., r. 34; and as to adjournments in County Courts, see County Courts Act, 1934, s. 36.As to adjournment by justices on hearing charge of offence punishable on summary jurisdiction, see Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), s. 16.Unless the object of the context or inquiry otherwise warrants the term 'adjournment' in connection with a meeting should be applied only to the case of a meeting which has already convened and which is thereafter postponed and not to a case where a notice convening a meeting is cancelled and subsequently, a notice for holding the ...
Postponment of trial
Postponment of trial. Civil trials in the High Court may be postponed under (English) R.S.C. 1883, Ord. XXXVI.; County Court trials under County Court Rules, 1936, Ord. XIII., Rule 4; and criminal trials under the Criminal Procedure Act, 1851, s. 27....
Exigent, or exigi facias
Exigent, or exigi facias (that your cause to be demanded), judicial writ commanding the sheriff to demand the defendant from county Court to county Court, or, if in London, from husting to husting, until he be outlawed; or if he appear, then to take and have him before the Court on a day certain to answer to the plaintiff in an action of, etc. see OUTLAW....
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