Oyer And Terminer - Law Dictionary Search Results
Home Dictionary Name: oyer and terminerOyer and Terminer
Oyer and Terminer, a commission directed to the judges and other gentlemen of the county to which it is issued, by virtue whereof they have power to hear and determine treasons, and all manner of felonies and trespasses. Terminer is sometimes written determiner.When any sudden insurrection takes place, or any public outrage is committed which requires speedy reformation, or there is a press of business, then a special commission is immediately granted....
Commission of oyer and terminer
Commission of oyer and terminer. See ASSIZE....
Oyer and Terminer, Courts of, and General Gaol Delivery
Oyer and Terminer, Courts of, and General Gaol Delivery. See ASSIZES....
Articles of the peace
Articles of the peace, a complaint exhibited either in the King's Bench Division of the High Court, Court of Oyer and Terminer, or Court of Summary Jurisdiction, when any one has just cause to fear that some one will burn his house, do him some corporal hurt, or procure a third person to perpetrate it. Upon articles setting forth the fact being sworn to by the complainant, sureties of the peace are taken for such a length of time as the Court shall think necessary, not being confined to a twelvemonth. See ss. 25, 26 of the Summary Jurisdiction Act, 1879, and PEACE, and for the procedure to exhibit Articles of the peace in the King's Bench Division of the High Court of Justice, see Rules 246-56 of the Crown Office Rules of 1906, and Short and Mellor on Crown Office Practice....
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
Processum continuando
Processum continuando, a writ for the continuance of process after the death of the Chief Justice or other justices in the commission of oyer and terminer, Reg. Brev. 128....
Recorder of London
Recorder of London, one of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sentences and judgments of the Court therein, and also certifies and records the city customs, etc. He is chosen by the lord mayor and aldermen, and attends the business of the city when summoned by the lord mayor, etc.; but by the Local Government Act, 1888, s. 42, sub-s. 14, after the vacancy next after the commencement of that Act, which vacancy happened in 1892 by the death of Sir Thomas Chambers, no Recorder may exercise any judicial functions unless he be appointed by the sovereign to exercise such functions....
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
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