Lancaster - Law Dictionary Search Results
Home Dictionary Name: lancasterLancaster
Lancaster, a county of England erected into a palatine in the reign of Edward III, and granted by him to his son John for life, that he should have jura regalia and a king-like power to pardon treasons, outlawries, etc., and make justices of the peace and justices of assize within the county, and all processes and indictments to be in his name. It is later vested in the Crown. It has a separate Chancery Court, the procedure of which is regulated by Acts of 1850, 1854, and 1890 (13 & 14 Vict. c. 43, 17 & 18 Vict. c. 82,and 53 & 54 Vict. c. 23), the last of these Acts conferring on the Court exactly the same jurisdiction as that of the Chancery Division of the High Court of Justice [see (English) Judicature Act, 1925, s. 18(2)]; the Common Pleas became vested in the High Court, but the Chancery at Lancaster was not so vested. See also (English) Chancery of Lancaster Rules, 1930, and Chancery of Lancaster (Companies) Rules, 1930, printed in 1930, W.N. Part II., pp. 63, 68. See COUNTY PALA...
Chancery Court of Lancaster
Chancery Court of Lancaster. By Royal Charter and by Statute, a court conferred on the County Palatine of Lancaster, having the same and concurrent jurisdiction within its are as the Chancery Division of the High Court, see (English) Chancery of Lancaster Act, 1890 (53 & 54 Vict. c. 23); appeals to the Court of Appeal [ (English) Judic. Act, 1925, s. 28]. The Court is presided over by a Vice-Chancellor appointed by the Chancellor of the Duchy and County Palatine....
Chancellor of the Duchy of Lancaster
Chancellor of the Duchy of Lancaster, an officer before whom, or his Deputy, the court of the Duchy Chamber of Lancaster is held. This is a special jurisdiction concerning all mattes of equity relating to lands held of the Crown in right of the Duchy of Lancaster; which is a thing very distinct from the county palatine (which has also its separate chancery for sealing of writs or the like), and comprises much territory lying at a vast distance from it, as particularly a very large district surrounded by the city of Westminster. This court has been inactive for more than a century. See COUNTY PALATINE....
Duchy Court of Lancaster
Duchy Court of Lancaster, a tribunal of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands holden of the Crown in right of the Duchy of Lancaster, but not necessarily in Lancashire, and the Duchy Court which has not been abolished and has not sat for upwards of a century must not be confused with the Chancery Court of County Palatine (q.v.). the proceedings were similar to those on the Equity side of the Courts of Exchequer and Chancery, and the Chancery Court exercised a concurrent jurisdiction with the Duchy Court, so that it seems not to be a Court of Record. See COUNTY PALATINE....
Receiver-General of the Duchy of Lancaster
Receiver-General of the Duchy of Lancaster, an officer of the Duchy Court, who collects all the revenues, fines, forfeitures, and assessments within the duchy....
County palatine
County palatine [fr. Palatium, Lat., a court]. There were three of these counties--Chester, Durham, and Lancaster. The two former were such by immemorial custom; the last was created by Edward III. The Bishop of Durham and the Duke of Lancaster had royal power within their respective counties. They could pardon treasons, murders, and felonies; they appointed judges and magistrates; all writs and indictments ran in their names,and offences were said to be done against their peace and not contra pacem domini regis. The (English) Act (11 Geo. 4 & 1 Wm. 4, c. 70), abolished the Court Session of the County Palatine of Chester, and subjected the county in all things to the jurisdiction of the superior Courts at West-minster. By the (English) Judicature Act, 1925, s. 18, replacing (English) Judicature Act, 1873, s. 16, the jurisdiction of the Court of Common Pleas at Lancaster and of the Court of Pleas at Durham is transferred to the High Courtof Justice. But the jurisdiction of the Chancery ...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
Herald
Herald [fr. here, Sax., an army, and heald, a champion; herault, heraut, Fr.; herald, Ger.; araldo, Ital.; because it was part of his office to charge or challenge unto battle or combat], an officer who registers genealogies, adjusts ensigns armorial, regulates funerals, and carries messages between princes, and proclaims war and peace. Heralds were anciently called Dukes at Arms, probably from the Latin ducere ad arma; because the conducting of affairs concerning peace and war devolved upon them, their office being to carry messages to the enemy, and to proclaim war and peace. Hence the persons of heralds were deemed sacred by the law of nations, and were received and protected by belligerent powers, as flags of truce are in the present day. The three chief heralds are called Kings of Arms; of whom (1) Garter is the principal, instituted by Henry V. His office is to attend the Knights of the Garter at their solemnities, and to marshal the funerals of the nobility. (2) Clarencieux King...
Precedence or precedency
Precedence or precedency, the act or state of going before; adjustment of place.The rules of precedence may be reduced to the following list, in which those marked * are entitled to the rank here allotted them by 31 Hen. 8, c. 10; marked ' by 1 W. & M. c. 1; marked by letters-patent, 9, 10 & 14 Jac. 1, which see in Seld. Tit. of Hon. ii. 5, 46; marked ' by ancient usage and established custom, Camden's Brit., tit. 'Ordines'; Milles's Cat. of Hon. 1610; and Chamberlayne's Prest. St. of Eng., b. 3, c. iii; see 1 Bl. Com. 404.* The King's children and grandchildren.* The King's consort.* The King's uncles.* The King's nephews.* Archbishop of Canterbury (a).* Lord High Chancellor or Keeper, if a baron.* Archbishop of York.Prime Minister.By royal warrant dated December, 1905.* Lord Treasurer.* Lord President of the Council. } barons.* Lord Privy Seal.(a) The judges of assize, while on circuit, take pre-cedence of every subject.*Lord Great Chamberlain.But see Private Stat.1 Geo. 1, c. 3.* Lo...
Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
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