King S Bench - Law Dictionary Search Results
Home Dictionary Name: king s bench Page: 2 Page 2 of about 88 results (0.004 seconds)Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Criminal information
Criminal information, a proceeding in the King's Bench Division of the High Court of Justice atthe suit of the king,without a previous indictment or presentment by a grand jury. Criminal informa-tions are of two sorts: (1) Ex officio, which is a formal, written suggestion of an offence com-mitted, filed bby the Attorney-General, or, in the vacancy of that office, by the Solicitor-General, in the King's Bench Division of the High Court, without the intervention of a grandjury. It lies for misdemeanours only, and not for treasons or felonies. The informationis filed in the Crown Office without the previous leave of the Court. (2) Information by the Master of the Crown Office, which is filed at the instance of an individual called 'the relator,' with the leave of the Court; and usually confined to gross and notorious misdemeanours, riots, batteries, libels, and other immoralities. Criminal informations may also be filed against judges and magistrates for illegal, unjust,and wilfully oppre...
Crown Office
Crown Office, a department originally belonging to the Court of King's Bench. The Act (6 & 7 Vict. c. 20) abolished the clerks in this Court and themonopoly of their practice, throwing it opento all persons admitted or admissible to practise as attorneys of the then Court of Queen's Bench; it also abolished several ancient offices and many burthen some fees,and made the office subject to the direct control of the Lord Chief Justice. Judicature Act, 1925, ss. 104 et seq. Replaces the (English) Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78), which amalgamated the Crown Office with the Cntral Office of the Supreme Court, and transferred to such Central Office the' King's Coroner and Attorney' and the 'Masterof the Crown Office.'. See R.S.C. 1883, Ord.LXI., and Short and Mellor's Crown Office Practice....
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
Articles of the peace
Articles of the peace, a complaint exhibited either in the King's Bench Division of the High Court, Court of Oyer and Terminer, or Court of Summary Jurisdiction, when any one has just cause to fear that some one will burn his house, do him some corporal hurt, or procure a third person to perpetrate it. Upon articles setting forth the fact being sworn to by the complainant, sureties of the peace are taken for such a length of time as the Court shall think necessary, not being confined to a twelvemonth. See ss. 25, 26 of the Summary Jurisdiction Act, 1879, and PEACE, and for the procedure to exhibit Articles of the peace in the King's Bench Division of the High Court of Justice, see Rules 246-56 of the Crown Office Rules of 1906, and Short and Mellor on Crown Office Practice....
Conservators of the truce and safe conducts
Conservators of the truce and safe conducts, officers appointed to hear and determine questions relating to the breaking of the king's truce and safe conducts upon the main sea, out of the liberties of the Cinque Ports. It was enacted by 18 Hen. 6, c. 4, that if any of the king's subjects attempt or offend upon the sea, or in any port within the king's obeisance, against any stranger in amity, league, or truce, or under safe conduct, and especially by attacking his person, or spoiling him, or robbing him of his goods, the Lord Chancellor, with any of the justices of either the King's Bench or Common Pleas, should cause full restitution and amends to be made to the party injured, Jac. Law Dict....
Corporation or body politic
Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...
Queen's Bench
Queen'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 queen compare king's bench ...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
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