Petition - Law Dictionary Search Results
Home Dictionary Name: petition Page: 5Recorder
Recorder, in municipal boroughs having a separate Court of Quarter Sessions, a barrister of five years' standing at least, appointed by the Crown, holding office during good behaviour, and receiving 'such yearly salary not exceeding that stated in the petition on which the grant of a separate Court of Quarter Sessions was made,' as the sovereign directs. He is sole judge of the Court of Quarter Sessions, 'having cognizance of all crimes, offences, and matters cognizable by Courts of Quarter Sessions in England,' except that he may not grant licences or hear licensing appeals under the Intoxicating Liquor Licensing Acts, or levy rates (Municipal Corporations Act, 1882, ss. 162, 165). He may appoint as 'deputy recorder' a barrister of five years' standing, in case of sickness or unavoidable absence, and an 'assistant recorder' if it appears that the Quarter Sessions are likely to last more than three days (ibid., s. 168), as amended by the Summary Jurisdiction (Appeals) Act (23 & 24 Geo....
Enrollment
Enrollment, register, record; writing in which anything is recorded.The act of recording or registering, Black's Law Dictionary, 7th Edn., p. 551.By the Statute of Enrolments, 27 Hen. 8, c. 16, now repealed by the (English) L.P. Amendment Act, 1924 (15 Geo. 5, c. 5),Sch. 10, every bargain and sale of a freehold interest was required to be enrolled in Chancery within six [lunar] months after its date.No assurance before 1926 by a tenant-in-tail under the (English) Fines and Recoveries abolition Act, 1833 (3 & 4 Wm. 4, c. 74), will have any operation unless enrolled in the Central Office within six calendar months after its execution, which enrolment is sufficient of itself, even where the conveyance was by bargain and sale, within the Statute of Enrolments. This provision did not extend to copyholds, the enrolment then being on the Court-rolls of the manor. By s. 133 the (English) Law of Property Act, 1925, enrolment is not required in respect of assurances or instruments executed or ma...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Aid prayer
Aid prayer, formerly made use of in pleading for a petition in Court, praying in aid of the tenant for life, etc., from the reversioner or remainderman, when the title to the inheritance was in question. It was a plea in suspension of the action, Com. Dig. 'Abide,' B. 5....
In forma pauperis
In forma pauperis (in the character of a pauper). Every poor person, having cause of action, was entitled by 11 Hen. 7, c. 12, which is in affirmance of the Common Law, to have writs according to the nature of the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity to defendants.The statute 11 Hen. 7, c. 12, is repealed by the Statute Law Revision and Civil Procedure Act, 1883, but its provisions and those of the Chancery Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or defend as a poor person on proof that he has a reasonable cause of action or defence and that his means do not exceed 50l. his clothes, household goods, tools of trade, and the subject-matter of the...
Enlargement or abridgement of time
Enlargement or abridgement of time, Order VI, r. 2(14) of the Supreme Court Rules, 1966 speaks of applications for enlargement or abridgement of time. Here the words 'enlargement or abridgement of time' take in applications for enlargement of time appointed by the Rules. The significant feature in the Rules is that applications for condonation of delay in filing special leave petition are excepted from the business of a Chamber Judge. The natural presumption is that but for the exception the Rule would have included also applications for condonation of delay in filing special leave petitions. Any application for con-donation of delay in filing petition of appeal is included in application for enlargement or abridge-ment of time, C.I.T., Bombay City v. R.H. Pandit, Managing Trustees of Trust, Bombay (1974) 2 SCC 627: AIR 1974 SC 2269: (1975) 2 SCR 7....
Court file
Court file, relating to the proceedings in the consistory court mean the totality of the documentation relating to a petition notwithstanding that for practical reasons some of the items may be kept in separate folders, Emmanuel Church (in re:), Bentley (Arches Ct), (2006) 2 WLR 1068 [Faculty Jurisdiction (Appeals) Rules, 19978, r. 7(7)(b)]...
Letter-missive
Letter-missive. When a peer was made a defendant in the Court of Chancery, the Lord Chancellor sent a letter-missive to him, to request his appearance, together with a copy of the bill, petition, and order; if he neglected to appear to this, he was then served with a copy of the bill and a citation to appear and answer; if he continued still in contempt, a sequestration nisi, which was made absolute in the usual way, issued immediately against his lands and goods, without any of the arresting processes of attachment, etc., which cannot affect a Lord of Parliament. See 1 Dan. Ch. Pr.Also, for electing a bishop, a letter-missive from the sovereign is sent to the dean and chapter, containing the name of the person whom he would have them elect. See CONGE D'ELIRE....
Request
The act of asking for anything desired expression of desire or demand solicitation prayer petition entreaty...
Prefer
To carry or bring something forward or before one hence to bring for consideration acceptance judgment etc to offer to present to proffer to address said especially of a request prayer petition claim charge etc...
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