Law Suit - Law Dictionary Search Results
Hue and Cry
Hue and Cry [fr. huer, Fr. to shout; crier, to cry aloud; hutesium et clamor, Lat.], the old common law process of pursuing with horn and voice felons and such as have dangerously wounded another. It may be raised by constables, or private persons, or both. If the constable or peace officer concur in the pursuit, he has the same power, etc., as if acting under a magistrate's warrant. All who join in a hue and cry, whether a constable be present or not, are justified in the apprehension of the person pur-sued, though it turn out that he is innocent; and where he takes refuge in a house, may break open the door, if admittance be refused; and by the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), re-enacting 3 Edw. 1, c. 9, 'Every person in a county must be ready and appareled at the command of the sheriff, and at the cry of the country to arrest a felon,' and in default 'shall on conviction be liable to a fine.' But if a man wantonly or maliciously raise a hue and cry, he is liable to fine and...
Lawful fence
Lawful fence, means a strong, substantial, and well suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers. Also termed legal fence; good and lawful fence. Black's Law Dictionary, 7th Edn., p. 892....
Petty-bag Office
Petty-bag Office, an office belonging to the Common Law jurisdiction of the Court of Chancery, for suits for and against solicitors and officers of that Court, and for process and proceedings by extents on statutes, recognizances, ad quod damnum scire facias to repel letters-patent, etc., Termes de la Ley. The term is derived from the little bag (parva baga) in which original writs relating to the business of the Crown were anciently kept.By the Great Seal Offices Abolition Act, 1884, s. 5, provision was made for the abolition of the office of Clerk of the Petty Bag, and the transfer of his duties, and in 1888, the last holder of the office dying, it ceased to exist.The Common Law jurisdiction of the Court of Chancery is now transferred to the High Court of Justice [(English) Jud. Act, 1925, s. 18(2)(b)], replacing (English) Jud. Act, 1873, s. 16).Pew [fr. puye, Dut.; appui, Fr.], an enclosed seat in a church. It is some what in the nature of an heirloom, and may descend by immemorial ...
Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok V. Kate, AIR 1966 SC 285, p. 301, (see Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sch. IV, item 1).Practice, denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives and defines the right, State of Seraikella v. Union of India, AIR 1951 SC 253: 1951 SCR 474: 1951 SCJ 425.Practice, includes any practice relating to the carrying on of any trade by a person or an enterprise. [Competition Act, 2002 (92 of 2003), s. 2(m)]The form and manner of conducting and carrying on suits, actions, or prosecutions at law or in equity, civil or criminal, through their various stages, from the commencement to final judgment and execution, according to principles and rules laid down by the several Courts. As to the precise meani...
Mixed actions
Mixed actions. Suits at Common Law partaking of the nature of real and personal actions, by which some real property was demanded, and also personal damages for a wrong sustained, were so called. They substantially partook, however, of the character of real actions, and were often so called, but they are now abolished, except the action of ejectment, 3 & 4 Wm. 4, c. 27. Correctly speaking, however, ejectment is in its form a species of the personal action of trespass. Steph. Plead. App. vii. See Now ACTION.Those in Roman Law, in which some specific thing was demanded, and where also some personal obligations were claimed to be performed, Hallifax on Roman Law, 85...
Sectatores
Sectatores, suitors of Court who, amongst the Saxons, gave their judgment or verdict in civil suits upon the matter of fact and law, 1 Reeve's Hist. Eng. Law, 22.Supports of candidates for office, who accompany a candidate during a campaign, primarily to impress voters, Black's Law Dictionary 7th Edn., p. 1356....
Reeve
Reeve [fr. gerefa, Sax.], a steward or bailiff. See DYKE-REEVE; FIELD-REEVE.A ministerial officer of high rank having local jurisdiction, the chief magistrate of a hundred, Black's Law Dictionary, 7th Edn., p. 1284.Reeve, means a ministerial officer of high rank having local jurisdiction; the Chief Magistrate of a hundred. The reeve executed process, kept the peace and enforced the law by holding court within the hundred. - 'All the freeholders, unless relieved by special exemption 'owed suit' at the hundred-moot and the reeve of the hundred presided over it. In Anglo-Saxon times, the reeve was an indepen-dent official, and the hundred-moot was not a preliminary stage to the shire-moot at all.....But after the conquest the hundred assembly, now called a court as all the others were, lost its importance very quickly. Pleas of land were taken from it, and its criminal jurisdiction limited to one of holding suspects in temporary detention. The reeve of the hundred became the deputy of the...
Commissioners for Oaths
Commissioners for Oaths. Masters extraordinary in Chancery acted in very early times as commissioners to administer oaths to persons making affidavits (see that title) before them concerning Chancery suits, and the judges of the Common Law courts were authorized, under 29 Car. 2, c. 5, by commission to empower 'what and as many persons as they should think fit and necessary' to take affidavits for one shilling fee concerning Common Law actions. The Masters in Chancery were succeeded by solicitors under 16 & 17 Vict. c. 78, appointed by the Lord Chancellor, the fee being one shilling and sixpence.The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any...
Civil
Civil, may stand, according to the context, for the opposite of criminal, of ecclesiastical, of military, or of political.1. of or relating to the State or its citizenry. 2. of or relating to any of the modern legal system derived from Roman Law. 3. of or relating to private rights and remedies that are sought by a action or suit, Black's Law Dictionary, 7th Edn.Civil, the Court of Appeal pointed out that the description of the relevant provisions as being 'Civil' did not preclude it from finding that a provision was, in effect, criminal in nature, R. (Mudie) v. Dover Magistrates' Ct (CA), 2003 2 WLR 1344....
assumpsit
assumpsit [Medieval Latin, he/she undertook] : an express or implied promise or contract or quasi contract the breach of which may be grounds for a suit ;also : a common-law action that may be brought for such a breach compare covenant, debt NOTE: The action of assumpsit developed in early English law and is still available in the U.S. in some jurisdictions. ...
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