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Crown Solicitor - Law Dictionary Search Results

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Queen's proctor

Queen's proctor, means a solicitor that represents the crown in domestic-relations, probate, and admiralty cases. For example, in a suit for divorce or nullity of marriage, the Queen's proctor might intervene to prove collusion between the parties. Also termed (when a king reigns) King's proctor, Black's Law Dictionary, 7th Edn., p. 1259....


Relator

Relator, a rehearser, teller, or informer. It was the name given to a plaintiff in an information in Chancery, where the rights of the Crown were not immediately concerned, who was responsible for costs; he must have given the solicitor a written authority to file the information, 15 & 16 Vict. c. 86, s. 11. For the former information in Chancery an action is now substituted (see R.S.C. Ord. 1., r. 1), but the term 'relator' is still in use as meaning the person responsible for costs at whose suggestion an action is commenced by the Attorney-General.Also, a person who brings an information in the nature of a quo warranto, or a criminal information.Means a party who has standing and on whose behalf a writ is petitioned for by the state as plaintiff, State ex rel. Tate v. Turner, 789 SW 2d 240 (1990)....


Session, Court of, in Scotland

Session, Court of, in Scotland, the supreme civil Court of Scotland, instituted A.D. 1532, and formerly consisting of fifteen judges-that number being reduced in 1830, by 11 Geo. 4 & 1 Wm. 4, c. 69, s. 20, to thirteen; viz., the Lord President, the Lord Justice-Clerk, and eleven ordinary lords. This Court is required, by 48 Geo. 3, c. 151, to sit in two divisions; the Lord President, with three ordinary lords, form the first division; and the Lord Justice-Clerk and there other ordinary lords form the second division. There are five permanent Lords Ordinary, attached equally to both divisions, the last appointed of whom officiates on the bills, i.e., petitions to the Court during session, and performs the other duties of junior Lord Ordinary. The chambers of the Parliament House, in which the First and Second Divisions of the Court of Session hold their sittings, are called the Inner House; those in which the Lords Ordinary sit, as single judges, to hear motions and causes, are collecti...


Ship's agent

Ship's agent. The Naval Agency and Distribution Act, 1864, provides for the appointment of an agent by the commanding officer of each of His Majesty's ships to act for the ship with respect to salvage, bounty, prize, etc. (ss. 4-12). The ship's agent receives 2' per cent. of any such money distributed among the officers and crew. He may not be a solicitor, proctor, attorney, or employed by the Crown, and is subject to the jurisdiction and authority of the High Court of Admiralty. See also (English) Naval Prize Act, 1918 (8 & 9 Geo. 5, c. 30)....


Advocate, King's

Advocate, King's, a member of the College of Advocates, appointed by letters patent, whose office was to advise and act as counsel for the Crown in questions of civil, canon, and international law. It is believed that the office has never been formally abolished....


Costs

Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...


Justices

Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...


Court-martial

Court-martial, a court for the trial of military offences, under the authority of the (English) Crown and the Army Act, 1881; the ordinary law of evidence must be applied in its proceedings (ibid. s. 128, and Rules of Procedure, r. 73). There are general, district, and regimental courts-martial. See JUDGE ADVOCATE. Their jurisdiction does not, however, exempt any officer or soldier from being proceeded against by the ordinary course of law, Consult Manual of Military Law and the King's Regulations; Clode's Military Forces of the Crown.As to Naval Courts-martial, see (English) Navy Discipline Act, 1866 (29 & 30 Vict. c. 109), ss. 58-69; JUDGE ADVOCATE.It means a court-martial held under this Act. [Army Act, 1950, s. 3 (vii); also see Air Force Act, 1950, s. 4 (xvi)]...


Quo warranto

Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...


Abstract of title

Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...



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