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Ex Officio - Law Dictionary Search Results

Home Dictionary Name: ex officio

ex officio

ex officio [Late Latin] : by virtue or because of an office [the Vice President serves ex officio as president of the Senate] [an ex officio member of the board] ...


Ex officio

Ex officio (officially; by virtue of office); e.g., justices of the peace were ex officio guardians of the poor.An ex officio appointment that the appointment is by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office, Pradeep Kr. Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111 (137)....


Ex officio informations

Ex officio informations, proceedings filed in the King's Bench Division by the Attorney-General, at the direct and proper instance of the Crown, in cases of such enormous misdemeanours as peculiarly tend to disturb or endanger the govern-ment, or to molest or affront the sovereign in discharging the royal functions. The information is tried by a jury of the county where the offence arose, and for that purpose, unless the case be of such importance as to be tried at bar, it is sent down by writ of nisi prius into that county, and tried either by a common or special jury, like a civil action.-4 Steph. Com. See Archbold's Cr. Pl....


Ex officio oath

Ex officio oath, an oath taken by offending priests; abolished by 13 car. 2, st. 1, c. 12....


Officio, Ex

Officio, Ex. by virtue of his office; e.g., the Lord Chief Justice of England is a member of the Court of Appeal, ex officio....


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...


Judge

Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...


Officio, Ex, Oath

Officio, Ex, Oath, an oath whereby a person might be obliged to make his answer to any matters alleged against him, and extending originally even to criminal charges. It was derived from the practice of the Ecclesiastical Courts: see 3 Bl. Com. 447....


Railway and Canal Commission

Railway and Canal Commission, a body established by the Railway and Canal Traffic Act, 1888, to supersede the Railway Commissioners, who had been appointed under the (English) Regulation of Railways Act, 1873 (36 & 37 Vict. c. 48), with all the jurisdiction conferred by s. 3 of the (English) Railway and Canal Traffic Act, 1854 (see infra), on the several courts and judges empowered to hear and determine complaints under that Act, and exercise their jurisdiction with enlarged powers, and consisting of two appointed (one to be of experience in railway business) and three ex-officio commissioners: one for England, one for Scotland, and one for Ireland, bring each of them a judge of a superior Court in England, Scotland, or Ireland respectively, and not required to attend out of the part of the United Kingdom for which he is appointed. The ex-officio Commissioner presides at the sittings, and his opinion upon any question of law prevails. As to appeal to 'superior Court of Appeal,' see ss....


De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti

De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti. Bacon.--(A question cannot be admitted as to the good faith and honesty of a judge; but it may as to his knowledge, whether he be mistaken as to the law or the fact.) And see Broom's Leg. Max.It is an ancient rule that a judge of record is not liable to an action for anything done by him in his judicial character, even for slander; see Scott v. Stansfield, (1868) LR 3 Ex. 220. And see JUDGE....


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