Prerogatively - Law Dictionary Search Results
Home Dictionary Name: prerogativelyPrerogative 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
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'....
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....
prerogative writ
prerogative writ see writ ...
Prerogatively
By prerogative...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Seigniorage
Seigniorage, a royalty or prerogative of the Crown, whereby an allowance of gold and silver, brought in the mass to be exchanged for coin, is claimed.Seigniorage, has two distinct meanings (i) profit made by a Government by issuing currency, the Crown's right to charge a percentage on bullion brought to a mint for coining; and (ii) something claimed by a monarch or feudal lord as a prerogative, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See Kerala Grants and Leases (Modifications of Rights) Act (16 of 1980), s. 4]Means profit made by a Government by issuing currency; the difference or margin between the face value of coins and their production costs; the crown's right to charge a percentage on bullion brought to a mint for coining; the amount charged, something claimed by a monaonch or feudal lord as a prerogative, Divisional Forest Officer v. Tata Finlay Ltd., (2001) 5 SCC 684....
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Coin
Coin [fr. coign, Fr.; cuneus, Lat., a wedge], a piece of metal stamped with certain marks and made current at a certain value. The coining of money is in all states the prerogative of the sovereign power; and, as money is the medium of commerce, it is the Crown's prerogative and monopoly, as arbiter of domestic commerce, to give it authority or make it current.By the (English) Coinage Offences Act, 1861 (24 & 25 Vict. c. 99), it was made a felony to counter-feit coin; to colour or gild, so as to make a resemblance to gold or silver coin; to impair or lighten coin; to have in unlawful possession filings or clippings produced by impairing or lightening coin; to buy or sell or import or utter counterfeit coin. There were numerous other provisions tending to the suppression of the manufacturing, import in and uttering of counterfeit coin. See the (English) Counterfeit Currency (Convention) Act, 1935 (25 & 26 Geo. 5, c. 25), an Act to enable effect to be given to an International Convention...
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