Prerogative Courts - Law Dictionary Search Results
Home Dictionary Name: prerogative courtsPrerogative courts
Prerogative courts. The two archbishops have each of them a prerogative Court. The appeal is to the Privy Council, 2 & 3 Wm. 4, c. 92. See now Jud. Act, 1925, ss. 20 (a), 107, replacing Court of Probate Act 1857, s. 4, which took away their jurisdiction in testamentary matters, 2 Steph. Com.Distinct tribunals for the establishment of wills and administration of the assets of men dying either with or without wills are variously called 'Preroga-tive Courts', 'Probate Courts', 'Surrogate Courts' and 'Orphan's Courts'....
Ecclesiastical Courts
Ecclesiastical Courts [curi' Christianitatis, Lat.] are the Archdeacon's Court, the Consistory Courts, the Court of Arches, the Courts of Peculiars, the Prerogative Courts of the two archbishops, the Faculty Court, and the Privy Council, which is the Appeal Court....
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Prerogative Writs
Prerogative Writs, processes issued upon extra-ordinary occasions on proper cause shown. They are the writs of procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari.Prerogative writs are privileges of an extraordinary kind granted by the court in certain cases, but never as a matter of right; they being a direct intervention of the government with the liberty or property of the subject....
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Prerogative
Prerogative, a peculiar or exclusive privilege. Especially, all the rights which by law the King has as chief of the kingdom and as entrusted with the execution of the laws. The prerogative of the Crown cannot be taken away even by an Act of Parliament unless the Act contains express words to that effect; see Re Wi Matua's Will, 1908, AC 448, and A.-G. v. De Keyser's Royal Hotel, Ltd., 1920 AC 508, and under Statute of Westminster, British Coal Corporation v. Regem, 1935, AC 500. Also Moore v. A.-G. for Irish Free State, 1935, AC 484. See KING; REGALIA....
Ledger-book
Ledger-book, a book in the prerogative Courts, considered as their rolls...
prerogative writ
prerogative writ see writ ...
Prerogatively
By prerogative...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
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