Exchequer Division - Law Dictionary Search Results
Home Dictionary Name: exchequer divisionExchequer division
Exchequer division. A division of the High Court of Justice, to which the special business of the Court of Exchequer was specially assigned by s. 34 of the (English) Judicature Act, 1873. Merged in the King's Bench Division by Order in Council under s. 31 of that Act, made in February, 1881. See now (English) Jud. Act, 1925, s. 4....
Exchequer, Court of
Exchequer, Court of [fr. eschequier, Nor. Fr.; scaccarium, Low Lat.; a treasure], consisted of two divisions, a Court of Revenue, and a Court of Common Law, having also an equitable jurisdiction, which, except when it sat as a Court of Revenue was transferred to the Court of Chancery by 5 Vict. c. 5. See A.-G. v. Halling, (1846) 15 M&W 687. As a Court of Revenue it ascertained, and enforced by proceedings appropriate to the case, the proprietary rights of the Crown against the subjects of the realm. To proceed against a person in this department of the Court was called to exchequer him. As a Court of Common Law (after having obtained jurisdiction by the fiction of quominus (see QUOMINUS)), it administered redress between subject and subject in all actions whatever, except real action. It was a Court of Record, and its judges were six (formerly five) in number, consisting of one chief and five (formerly four) puisne barons. This Court was made a Division of the High Court of Justice (Ju...
Divisions of the High Court
Divisions of the High Court (see new Judicature Act, 1925, ss. 1-5). The High Court of Justice, crated by the Judicature Act, 1873 (36 & 37 Vict. c. 66). was by s. 31 of that Act, for the more convenient despatch of business, divided into five Divisions, which were called the Chancery, the Queen's Bench, the Common Pleas, the Exchequer, and the Probate, Divorce and Admiralty Divisions, the judges of these Divisions being for the most part those who sat in the courts whose jurisdiction is transferred to the High Court (ss. 5, 16); but s. 32 of the same Act gave the Sovereign in Council power to reduce or increase the number of Divisions or the number of judges attached to each Division; and an Order in Council under this section which came into force on the 26th February, 1881, united in one 'Queen's Bench Division' (since the accession of King Edward the Seventh styled the' King's bench Division') the judges attached to the Common Pleas and Exchequer Divisions; so that (see Judicature ...
Chief Baron of the Exchequer
Chief Baron of the Exchequer, the presiding judge in the court of Exchequer, and afterwards in the Exchequer Division of the High Court of Justice. In 1881, after the death of Lord Chief Baron Kelly, the office was abolished by Order in Council under s. 31 of the Jud. Act, 1873, and merged in that of Lord Chief Justice of England....
Queen's Bench Division
Queen's Bench Division, means the English court, formerly known as the Queen's Bench or King's Bench, that presides over tort and contract actions, applications for judicial review, and some Magistrate-court appeals, Black's Law Dictionary, 7th Edn., p. 1259.The jurisdiction of the Court of Queen's Bench was assigned, by s. 34 of the (English) Jud. Act, 1873, to the Queen's Bench Division of the High Court of Justice; and by Order in Council under s. 32 of the same Act, the Common Pleas and Exchequer Divisions were, in February 1881, merged in the same 'Queen's Bench Division,' which began to be styled, after the death of the late Queen Victoria in January, 1901, the 'King's Bench Division.' As to assignment of business to, see (English) Jud. Act, 1925, s. 56 (2)....
Revenue
Revenue, income, annual profit received from land or other funds; also money at the disposal of the Crown, i.e., the executive. The chief sources are (1) Crown property, surrendered to the nation; (2) taxation--income tax, death duties, customs and excise, stamp duties; (3) certain managed enter-prises, such as the Post Office, and Lands, Woods and Forests and miscellaneous holdings such as shares in the Suez Canal, and other profits or fiscal prerogatives of the Crown.See Halsb. Encycl. Laws of England, tit. 'Revenue'; Chitty's Statutes, tits. 'Customs,' 'Property Tax,' 'Death Duties,' 'Stamps,' and 'Revenue.'Revenue causes were peculiarly within the province of the court of Exchequer; the practice of which Court in matters of revenue was regulated by the Queen's Remembrancer Act, 1859 (22 & 23 Vict. c. 21), ss. 9 et seq., and the Crown Suits Act, 1865 (28 & 29 Vict. c. 104).The jurisdiction of the Court of Exchequer was transferred to the High Court of Justice ((English) Jud. Act, 18...
exchequer
exchequer [Anglo-French eschecker eschequ(i)er, from Old French eschequier royal treasury, reckoning board or cloth marked with squares, literally, chessboard, from eschec chess] 1 cap : a royal office in medieval England at first responsible for the collection and management of the royal revenue and later for the adjudication of revenue cases 2 cap : a former superior court having law and equity jurisdiction in England and Wales over primarily revenue cases and now merged with the Queen's Bench Division of the High Court of Justice called also Court of the Exchequer NOTE: The Exchequer was created in England by the Norman kings. In addition to being divided into a court of common law and a court of equity, at one point the Exchequer also had jurisdiction over all actions, except those involving real property, between two subjects of the Crown. In 1841, the Exchequer's equity jurisdiction, except over revenue cases, was transferred to the Court of Chancery, and in 1881 the Exchequ...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Postman
Postman, a barrister in the Court of Exchequer and Exchequer Division of the High Court, who had precedence in motions till the Exchequer was merged in the Queen's (now King's) Bench Divi-sion...
Tub-man
Tub-man, a barrister who had a pre-audience in the Court of Exchequer, and also in the Exchequer Division of the High Court, and also a particular place in Court....
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