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...
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....
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....
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...
Lancaster
A city in Northwest England on the river Lune...
Lancasterian
Of or pertaining to the monitorial system of instruction followed by Joseph Lancaster of England in which advanced pupils in a school teach pupils below them...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
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