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Masters in Chancery

Masters in Chancery, or Masters in Ordinary in Chancery (so called to distinguish them from Masters Extraordinary (supra)), were officers of the High Court in Chancery whose duties varied at different periods, being both judicial and ministerial. Abolished by 15 & 16 Vict. c. 80. See MASTER OF THE ROLLS....


Qualifications

Qualifications, the expression 'qualifications to the post' in clause 2 of the Rule, means qualifications on the satisfaction of which only the person in question could have been recruited to the post. That being so, the term 'qualifications' in that Rule must relate to the qualifications laid down in the Ministerial Staff Rules. There is, no question of inducting into Rule 23A (2) any additional con-dition or qualification other than those envisaged by Rule 23A (2), Sate of Rajasthan v. Fateh Chand, AIR 1970 SC 1099 (1101). [Rajasthan Service Rules (1951), R. 23A]...


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...


Serjeant

Serjeant [fr. serviens, Lat.], used in several senses:-A feudal tenure by knight service due only to king, Black's Law Dictionary, 7th Edn.(1) Serjeants-at-law, or of the coif (servientes ad legem), otherwise called serjeants counter, the highest degree in the Common Law, as doctors in the Civil Law; but, according to Spelman, a doctor of law is superior to a serjeant, for the very name of a doctor is magisterial, but that of a serjeant is only ministerial. Serjeants-at-law were made by the sovereign's writ, addressed unto such as are called, commanding them to take upon them that degree by a certain day, Fortescue, c. 50; 3 Cro. 1; Dyer, 72; 2 Inst. 213.The monopoly of exclusive audience enjoyed by the serjeants in the Court of Common Pleas, during term time, ineffectually attempted to be abolished by Royal Warrant in 1834 [see In the Matter of the Serjeants-at-law, (1840) 6 Bing NC 235], was abolished in 1846 by 9 & 10 Vict. c. 54.The judges of the Common Law Courts were formerly req...


Surplice fees

Surplice fees, fees payable on ministerial offices of the Church, such as baptisms, funerals (see MORTUARY), marriages, etc....


Waliscus

Waliscus [servus, Lat.], a servant, or any other ministerial officer, Leg. Jud. c. 34....


Debate

Debate, is a sum of money reduced to a certainty and does not include a claim for uncertain damages, A Dictionary of Law, Willium C. Anderson, 1889, p. 315.Is a sum payable in respect of a liquidated money demand recoverable by action, Stroud's Dictionary of Law, p. 612When the debate on any motion becomes unduly protracted the speaker can fix a time limit for its completion. At the appointed hour, the question is put forthwith and thus the debate on the subject is closed, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 263.A member has to be relevant to the subject under discussion, if he persists in irrelevance the Speaker can direct him to discontinue his speech, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 356.In the Indian Parliament, a debate takes place on a motion, resolution etc., moved in the House, Debate also takes place under short duration discussion although no formal motion has been moved; no debate is all...


Certiorari

Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...


County

County [fr. Comte, Fr.; comitatus, Lat.], a shire or portion of country comprehending a great number of hundreds. England is divided into forty counties or shires, Wales into twelve and Scotland into thirty.It seems probable that the realm was originally divided into counties with a view to the convenient administration of justice, the judicial business of the kingdom having, in former times, been chiefly despatched in local Courts held in each different county, before the sheriff as its principal officer. His duties are now more ministerial than judicial.All the English counties except Rutland are subdivided for purposes of parliamentary representation.As to the divisons of counties for holding petty and special sessions, see the (English) Division of Counties Act, 1828 (9 Geo. 4, c. 43), the (English) Petty Sessional Divisions Act, 1836 (6 & 7 Wm. 4, c. 12), and the (English) Petty Sessional Divisions Act, 1859, Chitty's Statutes, tit. 'Justices (Sessions).'By (English) Local Governm...


Confirmation of Bishop

Confirmation of Bishop, the ratification by the arch-bishop of the election of a bishop by dean and chapter under the king's letter missive prior to the consecration of the bishop by the archbishop, as directed (see CONGE D'ESLIRE) by 25 Hen. 8, c. 20. It was undecided, from1848 to 1902, whether this ceremony be ministerial or judicial, i.e., whether the archbishop can refuse to confirm. See Queen v. Archbishop of Canterbury, (1848) 11 QB 483, in which the Court of four judges was equally divided in discharging a rule for a mandamus to hear objections, on the ground of heterodoxy, to the confirmation of Dr. Hampden, as Bishop of Hereford. Since then objection has been many times taken to a confirmation:-to that of Dr. Prince Lee as Bishop of Manchester, in 1848; to that of Dr. Temple as Bishop of Exeter, in 1869; to that of Dr Temple as Archbishop of Canterbury, in 1896; to that of Dr. Creighton as Bishop of London, in 1897; to that of Dr. Ingram as Bishop of London, in 1901; and to th...



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