King S Bench - Law Dictionary Search Results
Home Dictionary Name: king s benchKing'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...
King's Bench
King's Bench : a division of the High Court of Justice of England and Wales that hears civil cases (as commercial cases) and appeals of criminal cases used during the reign of a king compare queen's bench ...
Queen's Bench
Queen's Bench, means historically, the highest common-law court in England, presided over by the reigning monarch. The jurisdiction of this court now lies with the Queen's Bench Division of the High Court of Justice; when a king begins to reign, the name automatically changes to King's Bench. Also termed court of Queen's Bench, Black's Law Dictionary, 7th Edn., p. 1259.Queen's Bench. See KING'S BENCH....
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
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)....
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
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 ...
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
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