Faculty - Law Dictionary Search Results
Home Dictionary Name: facultyAdvocates, Faculty of
Advocates, Faculty of, the bar of Scotland. The Faculty was instituted along with the College of Justice in 1532. Members are entitled to plead in every Court in Scotland, and also before the House of Lords, the Judicial Committee of the Privy Council, and Parliamentary committees. In the Supreme Courts in Scotland they have an exclusive right of audience except (1) where a party conducts his own case, and (2) in cases falling under s. 3 of the Administration of Justice (Scotland) Act, 1933. The head of the Faculty is Dean of Faculty, who is elected annually. He takes precedence of all other members of the Bar except the Lord Advocate; these two and the Solicitor-General for Scotland in Court sit within the Bar. Before 1897 only the Law Officers and Deans of Faculty were appointed King's counsel, but since that year it has been the practice confer this honour on distinguished Counsel recommended by the Lord Justice-General. They do not sit within the Bar. The Library of the Faculty was...
Faculty
Faculty, 'Faculty' means Faculty of the University. [Central Agricultural University Act, 1992 (40 of 1994), s. 2(k)][fr. facultas, Lat., power], a licence or authority; in Ecclesiastical Law a privilege granted by the ordinary to a man by favour and indulgence to do that which by law he may not do, e.g., to marry without banns, to erect a monument in a church, to construct a church window, Egerton v. All of Odd Rode, 1894, P. 15, or to remove what has been put up under a previous faculty (Re St. Margaret's, Westminster, 1905, P. 286), and see NOTARY and previous title....
Faculties, Court of
Faculties, Court of, a jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places and modes of burial. It has also various powers under 25 Hen. 8, c. 21, in granting licences of different descriptions, as a licence to marry, a faculty to erect an organ in a parish church, to level a churchyard, to remove bodies previously buried, 4 Inst. 337. The Master of the Faculties (Magister ad facultates) appoints Ecclesiastical notaries, and under the Public Notaries Acts, general notaries are appointed from his office. He has inherent jurisdiction to strike the name of any notary public off the roll of notaries public for misconduct (Re Champion, 1906, P. 86). See Phillimore's Eccl. Law, and see NOTARY....
Dean of faculty
Dean of faculty. The head of the Faculty of Advocates (q.v.)....
Master of the Faculties
Master of the Faculties, an officer under the archbishop, who grants licences and dispensations, etc. The judge of the provincial Courts of Canterbury and York appointed under s. 7 of the (English) Public Worship Regulation Act, 1874, became ex officio Master of the Faculties on the first vacancy occurring after the passing of that Act....
Faculty
Ability to act or perform whether inborn or cultivated capacity for any natural function especially an original mental power or capacity for any of the well known classes of mental activity psychical or soul capacity capacity for any of the leading kinds of soul activity as knowledge feeling volition intellectual endowment or gift power as faculties of the mind or the soul...
Allegation of faculties
Allegation of faculties, the statement of a person's means. A term formerly used in the Ecclesiastical Courts in proceedings for alimony....
Faculty of advocates
Faculty of advocates, the college or society of advocates in Scotland. See ADVOCATE....
Burial
Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right to be buried in a particular vault or place, a faculty must be obtained from the ordinary, as in the case of a pew; or a man may prescribe that he is occupier of an ancient messuage in a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In Bryan v. Whistler, (1828) 8 B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed.Burial must not take place except after the Registrar of Births, Deaths or Marriages has issued his certificate of death or by order of a Coroner, see 16 & 17 Geo. 5, c. 48. See CORONER.A clergyman may be prosecuted in the Ecclesia...
Duly certificated notary public
Duly certificated notary public, means a notary public who either (1) has in force a practicing certificate as a solicitor under the Solicitors Act, 1974 and duly entered in the court of faculties of the Archbishop of Canterbury in accordance with rules made by the master of faculties; or (2) has in force a practicing certificate as a notary public issued by the said court of faculties in accordance with rules so made, Administration of Justice Act, 1985, s. 87(1) (UK) Halsbury's Laws of England 3(1), para 421, p. 330....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial