Prerogative Writs - Law Dictionary Search Results
Home Dictionary Name: prerogative writsPrerogative 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....
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...
Register of writs
Register of writs, an old book in which new forms of original writs were entered. The Register of Writs is said to be the oldest book in the law-a character which may, in a great measure, be true, but should not be allowed without some consideration. It is not more certain than extraordinary that the forms of writs were settled in their substance and language very nearly in the manner in which they were drawn ever after. However, this uniformity was not so exact as that the writs published and used in the reign of Henry VIII. were all of them identically the same with those used at the first origin of this invention, in the reign of Henry II. It is not to be wondered at that there should be a difference in these forms at their infancy, and at this advanced state of our law; but it is remarkable that the difference should be no small, Reeves, 426; Co. Litt. 16 b, 37 b, 159 a....
De bono et malo, writs
De bono et malo, writs. It was anciently the course to issue special writs of gaol delivery for each particular prisoner which were called writs de bono et malo; but these being found inconvenient or oppressive, a general commission for all the prisoners has long been established in their stead, 4 Steph. Com., 7th Edn. 315....
Judicial writs
Judicial writs, writs issuing from the court in which proceedings are commenced under its seal, and tested in the name of its chief judge, as distingui-shed from original writs, which issued out of the Court of Chancery....
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....
Prerogative 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'....
Writs for the election of Members of Parliament
Writs for the election of Members of Parliament. The Speaker of the House of Commons is empowered to issue warrants, during any recess of the House, for making out new writs for the election of persons in the room of members accepting certain offices....
prerogative writ
prerogative writ see writ ...
Prerogatively
By prerogative...
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