Crown Debts - Law Dictionary Search Results
Home Dictionary Name: crown debtsCrown debts
Crown debts. It is a prerogative of the Crownto claim priority for its debts before all other creditors, and to recover them by a summary process called an extent. See 33 Hen. 8, c. 39.Every person having money belonging to the Crown is a Crown-debtor. When upon in quisition a personis found to be a Crown-debtor by simple contract, the debt immediately becomes a specialty; but a person givien to the Crown a bond on condition is not a bond-debtor before the condition is broken.S. 28(1) of the Bankruptcy Act, 1914, provides that an order of discharge shall not release a bankrupt from his Crown debts.It is provided by the (English) Land Chargs Act, 1900 (63 & 64 Vict. c. 26), replaced by the Land Charges Act,1925, ss. 6 and 7, and see also the Law of Property Act, 1925, that Crown debts shall not affectlands until writ or ordr for the purpose of enforcing the judgment has been issued and registered. See Chitty's Statutes, tit. 'Land,' and titles EXTENT; PREFERENTIAL PAYMENTS....
Accountant to the Crown
Accountant to the Crown. One who has received money for the Crown and for which he must account. The Crown's lien upon the lands of the accountant has been abolished by statute, but a lien remains upon the accountant's goods. See tit. CROWN DEBTS...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Scire facias for the Crown
Scire facias for the Crown. The summary proceed-ing by extent is only resorted to when a Crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. in ordinary cases where a debt or duty appears by record to be owing to the Crown, the process for the Crown is a writ of sci. fa. quae executionem non; but should the defendant become insolvent pend-ing this writ, the Crown may abandon the proceed-ing and resort to an extent. Consult Robertson on the Crown. See also AIR 1960 AP 123 (126)....
Scire facias
Scire facias [Lat.] (that you cause to know), a judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record.The writ, though not abolished, is now out of use except in Crown Practice on the Revenue side of the King's Bench Division for recovery of Crown debts and also for rescinding Crown grants and charters, etc. Scire facias on recognizances and to repeal letters patent have been abolished: see as to patents, Patents and Designs Act, 1907. Formerly the issue of the writ was considered in some cases as an original proceeding; in others, interlocutory, and in the nature of process. Consult Hals. L.E., tit. 'Crown Practice.'A scire facias was formerly resorted to in Chancery suits, when they became abated; but this mode became superseded in practice by the order of revivor, which see....
Order of Discharge
Order of Discharge, an order made under the Bankruptcy Act 1914, s. 26, by a Court of bankruptcy, the effect of which is to discharge a bankrupt from all debts, claims, or demands provable under the bankruptcy, except Crown debts, debts incurred by fraud, and certain judgments (s. 28)....
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Irish and Scots Courts' Judgments
Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but ...
Surveyor
Surveyor, one who has the overseeing or care of another person's land or works. See HIGHWAYS. There are local authority surveyors, see, e.g., (English) Loc. Gov. Act, 1933, s. 104.A Court of Surveyors was erected by 33 Hen. 8, c. 39, for the benefit of the Crown. The Court had long fallen into disuse, when the ss. of that Act (of which many ss. relating to Crown debts are still upon the Statute Book) relating to the Court were repealed by the Statute Law Revision Act, 1863....
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