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Clerk of the Crown in Chancery
Clerk of the Crown in Chancery. See (English) Great Seal (Offices) Act, 1881 (37 & 38 Vict. c. 81), s. 8, by which this officer performs the duties of clerk of the hanaper (see HANAPER) and receives ballot papers, etc., after a parliamentary election from the returning officers under Rule 38 of Schedule I. of (English) the Ballot Act, 1872 (35 & 36 Vict. c. 33).The head of the permanent staff of the crown office in chancery responsible for reading the titles of bills in the house of lords, sending out writs of summons to peers, and issuing election writs, Black's Law Dictionary, 7th Edn....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Clearing
Clearing, a among London bankers a method adopted by them for exchanging the drafts of each other's houses, and settling the difference. At fixed hours, each day, a clerk from each banker attends at the clearing-house, bringing all the drafts on the other bankers which have been paid into his house during the day, and delivers to each of the other clerks the obligations he has against his house, receiving from each the obligations due from his own. Balances are struck at the end of the day, the clerk to the Clearing House making up the accounts between each bank. The balances are not paid to or received from the other bankers as formerly, but are settled with the Clearing House, which keeps an account itself at the Bank of England. There is also a Country Clearing House. Consult McLeod on Banking; Grant's Law of Banking, 6th Edn. P. 66.Maritime law. The departure of a ship from port after complying with customs, health laws and other local regulations, Black's Law Dictionary,7th Edn., ...
Falsification
Falsification.1. Pedigree.--For a vendor or mortgagor or other person disposing of property or any interest therein for money or money's worth to a purchaser of land or chattels real or personal, or for his solicitor or other agent to conceal from the purchaser any instrument or incumbrance material to the title or to falsify any pedigree upon which the title may depend, in order to induce a purchaser or mortgagee or his solicitor to accept the title offered, is a misdemeanour punishable by fine or imprisonment with or without hard labour, or both, for not more than two years, by the (English) Law of Property Act, 1925, s. 183, extend-ing the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 24 (Chitty's Statutes, tit. 'Conveyancing'), and the falsifier is also liable to an action for damages by the same enactment. The fiat of the Attorney-General is required before comm-encing a prosecution. [(English) L.P. Act, 1925, s. 183]2. Official Documents.--Making any mat...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Quare impedit
Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without s...
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:--By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.'Induction is the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
Masters of the Supreme Court
Masters of the Supreme Court, in the King's Bench Division, officials, seven in number, deriving their title from the (English) Jud. (Officers) Act, 1879 (see now Jud. Act, 1925, ss. 106, 122, Sched. III., Part I.), and filling the places of the Masters of the Common Law Courts, the King's Coroner and Attorney, the Master of the Crown Office, the two Record and Writ Clerks, and the three Associates. Their jurisdiction is mainly to hear summonses for directions (see DIRECTIONS, SUMMONS FOR), to supervise pleadings, and decide as to discovery. There are also Masters in the Chancery Division who have succeeded to the position and powers of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, each with four Masters and attached to two judges. The duties of the Masters are to hear summonses for directions, take accounts and answer inqui...
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