Executive Order - Law Dictionary Search Results
Home Dictionary Name: executive order Page: 2Sheriff, Shire-reeve, or Shiriff
Sheriff, Shire-reeve, or Shiriff [fr. scire, Sax., fr. scyran, to divide, and gerefa, a guardian (vicecomes)], the chief officer of the Crown in every county.The judges, together with the other great officers and privy councillors, meet in the Exchequer on the morrow (November 12th) of St. Martin, yearly; and then and there the judges propose three persons from each county, to be reported, if approved of, to the King, who afterwards appoints one of them to be sheriff, and such appointment generally takes place about the end of the following Hilary Term. If a sheriff die in office, the appointment of another is the mere act of the Crown.The Sheriffs Act, 1887, repeals and, so far as they were not obsolete, re-enacts the very numerous enactments as to sheriffs from 3 Edw. 1, c. 9, to s. 16 of the (English) Judicature Act, 1881, inclusive. By s. 3 of this Act a sheriff is annually appointed, having (s. 4) sufficient land within the county to answer the King and his people; by s. 23 every ...
Habere facias possessionem
Habere facias possessionem (that you cause to have possession), a writ that issues for a successful plaintiff in ejectment, to put him in possession of the premises recovered. If the first writ be not executed, an alias, etc., may be sued out. The officer, if necessary, may break open outer doors, in order to give possession, or he may take the posse comitatus with him if he fear violence, 1 Chit. Arch. Prac. By R.S.C. 1883, Ord. XLVII., a judgment that a party recover possession of land may be enforced by writ of possession, and where by any judgment any person therein named is directed to deliver up possession of any lands to some other person, the person prosecuting such judgment shall be entitled to sue out the writ on filing an affidavit showing service of the judgment and disobedience thereto. An unsuccessful defendant can be ordered to pay to the plaintiff his costs of obtaining this writ, Dartford Brewery Co. v. Moseley, (1906) 1 KB 462...
proclamation
proclamation 1 : the act of proclaiming 2 : something proclaimed ;specif : an official formal public announcement (as a public notice, edict, or decree) compare declaration, executive order ...
Restitution
Restitution, the restoring anything unjustly taken from another; also putting in possession of lands or tenements him who had been unlawfully disseised of them; a person being attainted of treason, etc., he or his heirs may be restored to his lands, etc., by royal charter of pardon.The word 'restitution' in its etymological sense means restoring to a party on the modification, variation or reversal of a decree what has been lost to him in execution of the decree or in direct consequence of the decree. In such a proceeding, the party seeking restitution is not required to satisfy the court about its title or right to the property save and except showing its deprivation under a decree and the reversal or variation of the decree, Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (46): (1984) Supp SCC 505: (1985) 1 SCR 287. (Civil Procedure Code, 1908, s. 144)Return or restoration of some specific thing to its rightful owner or status, Black's Law Dictionary, 7th Edn., p. 1315...
Liability of such persons
Liability of such persons, the proper meaning of the words 'the liability of such person' in Order 21, Rule 50(2) is that primarily the question to try would be whether the person against whom the decree is sought to be executed was a partner of the firm, when the cause of action accrued, but he may question the decree on the ground of collusion, fraud or the like but so as not to have the suit tried over again or to raise issues between himself and his other partners, Gambhir Mal Pandiya v. J.K. Jute Mills Co. Ltd., AIR 1963 SC 243 (250): (1963) 2 SCR 190....
Mandavi ballivo
Mandavi ballivo (I have commanded the bailiff). If a bailiff of a liberty have the execution and return of a writ, the sheriff may return that he commanded the bailiff to execute it; and if the bailiff have not made a return, the sheriff should return that fact accordingly (mandavi ballivo, qui nullum dedit responsum); or if he have made a return, the sheriff should return it, 1 Chit. Arch. Prac....
Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Laws of State
Laws of State, the law enacted by the legislature of State is distinguished from executive orders, M.P.V. Sundararamier & Co. v. State of Andhra Pradesh, AIR 1958 SC 468: 1958 SCR 1422....
Ex. Ord.
Ex. Ord. executive order ...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
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