County Courts - Law Dictionary Search Results
Home Dictionary Name: county courts Page: 3Inferior Courts (UK)
Inferior Courts (UK). They are the Court baron, the hundred Court, the borough civil Court, the County Court, the Mayor's Court, London, and also all courts of a special jurisdiction; but the county Courts are by far the most important of them. They are all controllable by writ of prohibition if they exceed their jurisdiction. See, further, the Borough and Local Courts of Record Act, 1872 (35 & 36 Vict. c. 86); and as to the jurisdic-tion of such courts, and the rules of procedure in force therein, see also the Judicature Act, 1925, ss. 201-209, and COUNTY COURTS.The (English) Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31), following the procedure of the Judgments Extension Act, 1868, which applies to superiors courts only, renders, to a certain extent, judgments obtained in inferior courts in England, Scotland, and Ireland res-pectively, effectual in any other part of the United Kingdom; but the working of the Act is very much cramped by the provision of s. 10, th...
Lord Mayor's Court in London
Lord Mayor's Court in London. An inferior [Cox v. Mayor of London, (1867) LR 2 HL 239] Court of the king, held before the lord mayor and aldermen. Its practice and procedure were amended and its powers enlarged by the Mayor's Court of London Procedure Act, 1857. In this Court the recorder presided, or, in his absence, the common serjeant (s. 43), or the assistant judge appointed under the Borough Courts of Record Act, 1872. The Mayor's and City of London Court Act, 1920, amalgamated the City of London Court (see that title) (the jurisdiction of which was that of county Court) with the Mayor's Court, and by the County Court Act, 1934 (24 & 25 Geo. 5, c. 53), s. 186, now to be deemed a county Court, subject to the Mayor's Court Act of 1920, and the London (City) Small Debts Extension Act, 1852, with all its powers, rights and privileges preserved; and see Bowater & Sons Ltd. v. Davidson's Paper Sales, (1936) 1 KB 465. The conjoint Court thus established has all the powers and jurisdictio...
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
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....
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Instalment
Instalment, a portion of a debt. When a debt is divided into two or more parts, payable at different times, each part is called an instalment, and the debt is said to be payable by instalments. A provision making the balance of instalments payable on default in payment of one instalment is not a penalty, and there is no objection to it in point of law, Wallingford v. Mutual Society, (1880) 5 App Cas 685. Where, in a county Court, judgment has been obtained for not more than 20l., exclusive of costs, the Court may order payment by instal-ments, (English) County Courts Act, 1934, s. 96, replacing (English) County Courts Act, 1888, s. 105, as amended by s. 18(1) of the (English) County Courts Act, 1919.As to delivery by instalments of goods sold, see s. 31 of the Sale of Goods Act, 1893, by which, 'unless otherwise agreed, the buyer is not bound to accept delivery by instalments'; and see HIRE PUR-CHASE.An instalment due according to the terms of an allotment of shares in a limited compan...
Amendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
Bailiff
Bailiff, a keeper or protector, an officer who puts in force an arresting process, or who is employed to distrain for rent, for which employment the certificate of a county court judge is required under the (English) Law of Distress Amendment Act, 1888.Bailiffs to execute county court processes are appointed under s. 28 of the (English) County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), to assist one or more 'high bailiffs' for each court. Also, land-steward. There are several kinds of bailiffs, whose offices and employments greatly differ from one another, yet they agree in that the keeping or protection of something belongs to them all.A Court officer who maintains order during court proceeding; Black's Law Dictionary, 7th Edn., 136.Means an officer of some courts in United States whose duty usually include keeping order in the court-room and guarding prisoners or jurers in deliberation, Webster's Dictionary of Law, Indian Edn. (2005), p. 41....
Chancellors of the Universities of Oxford and Cambridge
Chancellors of the Universities of Oxford and Cambridge, the titular heads of those bodies, the office being honorary.The Chancellor of the University of Oxford, by virtue of certain ancient charters confirmed by statute, enjoys the sole jurisdiction (in exclusion of the King Courts) when a scholar or privileged person is the defendant, over all civil actions and suits whatsoever, excepting where a right of freehold is concerned, and of all injuries and trespasses against the peace, mayhem and felony excepted, Brown v. Renouard, (1810) 12 East 12; Thornton v. Ford, (1812) 15 East 634; Ginnett v. Whittingham, (1886) 16 QBD 761; and these he is at liberty to try and determine, either according to the Common Law of the land, or according to the University Statutes and customs, at his discretion. The judge of the Chancellor's Court at Oxford is the Vice-Chancellor, or his deputy. By 5 & 26 Vict. c. 26, amending 17 & 18 Vict. c. 81, s. 45, the Court of the Vice-Chancellor of Oxford is now g...
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