Official Solicitor - Law Dictionary Search Results
Home Dictionary Name: official solicitorOfficial solicitor
Official solicitor. The duties of this officer at the present time are nowhere very clearly defined: see (English) Judicature Act, 1925, s. 129, replacing (English) Official Solicitor Act, 1919 (9 & 10 Geo. 5, c. 30). A petition or summons respecting any dealing with a dormant fund, i.e., a fund in Court which has not been dealt with for fifteen years, must be served on the Official Solicitor: (English) R.S.C. Ord. XXII., Rule 11; and he has placed upon him by the (English) Court of Chancery Act, 1860 (20 & 23 Vict. c. 149), s. 2, the duty of visiting prisoners committed for contempt, and he may be assigned as solicitor to pauper litigants, and acts as guardian ad litem to persons under a disability. Subject to an order to the contrary, under Ord. LXIII., Rule 13, his costs are taxed as between party and party, Eady v. Elsdon, (1901) 2 KB 460....
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...
Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Trust corporation
Trust corporation, is defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxx.), to mean the Public Trustee or a corporation appointed by the Court or entitled under (English) Public Trustee Act Rules [see the Public Trustee [(English) Custodian Trustee] Rules, 1926, S. R. & O., 1926, No. 1423/L. 37]. Trust corporations may exercise solely or jointly all the powers for the exercise of which the Land Legislation Acts of 1925 require two trustees at least (see TRUST; TRUST FOR SALE; SETTLED LAND; ADMINISTRATOR). These corporations include any company incorporated by Special Act or Royal Charter or Companies under the Companies Act, 1929, with an issued capital of not less than 2,50,000l., of which at least 1,00,000l. has been paid up in cash, or any company undertaking trust business for his Majesty's Navy, Army, Air Force or Civil Service having as director or member any person nominated by one of the Government Departments referred to in the Rules or any company authorized by ...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Dormant funds
Dormant funds, funds in Court which have not been dealt with for fifteen years. See R.S.C. Ord. XXII., r. 11, as to service on the Official Solicitor; (English) Supreme Court Funds Rules, 1927, r. 96. As to triennial publication of list of funds, see UNCLAIMED PROPERTY....
Solicitor-General
Solicitor-General, the second law officer of the Crown, appointed by patent, and holding office during the continuance of the Ministry of which he is a subordinate member. He is usually knighted. He ranks after the Attorney-General, and receives an annual salary and fees; he may not now carry on a private practice. As to the Solicitor-General for Scotland, see LORD ADVOCATE. Attached to the household of a queen-consort there is an officer with this title. Consult Norton-Kyshe's Attorney-General and Solicitor-General of England.The second highest-ranking legal officer in a government (after attorney general) esp., the chief courtroom lawyer for executive branch, Black's Law Dictionary, 7th Edn., p. 1399....
Advocate, Lord
Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a Solicitor-General and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any Court in Scotland where any person can be tried for an offence, or in any action where the Crown is interested, but it is not usual for him to act in the inferior Courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. Until the creation of the office of Secretary for Scotland the Lord Advocate was virtually Secretary of State for Scotland. Consult Omond's Lord Advocates of Scotland....
Crown Solicitor
Crown Solicitor. In Ireland there were officrs called Crown solicitors attached to each circuit, whose duty it was to get up every case for the Crown in criminal prosecutions. They were paid by salaries. In Scotland the still better plan exists of a Crown prosecutor (called the Procurator-Fiscal, and being a subordinate of the Lord-Advocate) in every county, who prepares every criminal prosecution. As to England, see PUBLIC PROSECUTOR....
Defender, advocate, pleader
Defender, advocate, pleader, a debender exerts himself in favour of one that wants support; and advocate signifies one who is called to speak in favour of another; a pleader from plea or excuse, signifies him who pleads in behalf of one who is accused or a party in a civil suit. A defender attempts to keep off a threatened injury by rebutting the attack of another; an advocate states that which is to the advantage of the person or thing advocated; a pleader throws in pleas and extenuations. 'So fair a pleader any cause may gain'. (Dry den)...
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