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Home Dictionary Name: privy Page: 2 Page 2 of about 97 results ( seconds)Australia, Commonwealth of.
Australia, Commonwealth of. The association of the people of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia in a federal Commonwealth comprising also Papua, the Northern Territory, and Norfolk, Ashmore and Cantier Island in the Pacific (and see MANDATED TERRITORIES), with a Constitution enabling its Parliament, consisting of the Sovereign of the British Empire, a Senate, and a House of Representatives, to legislate for the whole of Australia. The legislative powers of the Parliament, which may be found under 39 heads in the 51st paragraph of the Constitution, extend to trade, taxation, defence, coinage, bankruptcy, copyright, marriage, 'the people of any race other than certain aborigines,' immigrants and emigration, 'external affairs,' railway construction, and other matters too numerous to particularize; see Commonwealth of Australia Constitution Act, 1900 (Imperial, 63 & 64 Vict. c. 12); A.-G. for Commonwealth of Australia v. Colonial Sugar R...
Trade, Board of
Trade, Board of. The Board of Trade is in theory a committee of the Privy Council, and by s. 12 of the (English) Interpretation Act, 1889, the expression means 'The Lords of the Committee for the time being of the Privy Council appointed for the consideration of matters relating to trade and foreign plantations.' The constitution of the Board rests on an Order in Council of the 5th March, 1784, by which amongst the members composing it are the Archbishop of Canterbury, the Speaker of the House of Commons, the Paymaster-General and the Master of the Mint.The Board as to constituted has in fact never met, but in practice is an ordinary administrative Government Department, presided over by a President whose salary is determined by Parliament under the (English) Board of Trade Act, 1909 (9 Edw. 7, c. 23); see also President of Board of Trade Act, 1932 (21 & 22 Geo. 5, c. 21). Its powers include supervision over the following matters: shipping, railways, mines, companies, bankruptcy and in...
Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, originally two persons having held high judicial office, or practised at the bar for not less than fifteen years, appointed, with a salary of 6,000l. a year, to aid the House of Lords and the Judicial Committee of the Privy Council in the hearing of appeals (App. Jur. Act, 1876, s. 6). On the death or resignation of any two members of the Judicial Committee of the Privy Council the Crown was empowered to appoint a third and fourth Lord of Appeal in Ordinary (ibid., s. 14), and may now appoint two more in addition to the four (App. Jur. Act, 1913, s. 1), and a further one in addition to the six (App. Jur. Act, 1929, s. 2). Any Lord of Appeal in Ordinary who at the date of his appointment would have been qualified to the appointed an ordinary judge of the Court of Appeal, or at that date was a judge of that Court, is an ex-officio judge of the Court of Appeal (Jud. Act, 1925, s. 6 (2)). Lords of Appeal in Ordinary rank as barons for life and sit and vote in t...
Precedence or precedency
Precedence or precedency, the act or state of going before; adjustment of place.The rules of precedence may be reduced to the following list, in which those marked * are entitled to the rank here allotted them by 31 Hen. 8, c. 10; marked ' by 1 W. & M. c. 1; marked by letters-patent, 9, 10 & 14 Jac. 1, which see in Seld. Tit. of Hon. ii. 5, 46; marked ' by ancient usage and established custom, Camden's Brit., tit. 'Ordines'; Milles's Cat. of Hon. 1610; and Chamberlayne's Prest. St. of Eng., b. 3, c. iii; see 1 Bl. Com. 404.* The King's children and grandchildren.* The King's consort.* The King's uncles.* The King's nephews.* Archbishop of Canterbury (a).* Lord High Chancellor or Keeper, if a baron.* Archbishop of York.Prime Minister.By royal warrant dated December, 1905.* Lord Treasurer.* Lord President of the Council. } barons.* Lord Privy Seal.(a) The judges of assize, while on circuit, take pre-cedence of every subject.*Lord Great Chamberlain.But see Private Stat.1 Geo. 1, c. 3.* Lo...
Order in Council
Order in Council, an order made by the Sovereign 'by and with the advice of His Majesty's Privy Council.' Such orders are now largely used for the purpose of completing the Administrative part of Acts of Parliament. The Government of the day is responsible for them, and they are usually issued in a complete form from the administrative department concerned, the authorization by the Privy Council being a mere formality. As pointed out by Lord Parker in The Zamora (1916) 2 AC 90, neither the King in Council nor any branch of the Executive has power to prescribe or alter the law by Order in Council, save when expressly authorized by statute. See STATUTORY RULES....
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Lord President of the Council
Lord President of the Council, the President of the Privy Council, the fifth great officer of State. He is appointed by the King in Council and, as a rule, is a member of the Cabinet....
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Mint-mark
Mint-mark. The masters and workers of the Mint, in the indentures made with them, agree 'to make, of gold and silver, so that they may know which moneys were of their own making'; after every trial of the pyx, having proved their moneys to be lawful, they are entitled to their quietus under the Great Seal, and to be thereupon discharged from all suits or actions; they then change the privy mark, so that the moneys from which they are not yet discharged may be distinguished from those for which they are; they use the new mark until another trial of the pyx. See (English) Coinage Act, 1870 (33 & 34 Vict. c. 10), s. 12. See PYX...
Midwife
Midwife. A person following the profession of delivering women of children. The (English) Medical Act, 1886, by s. 3 requires as a qualification for registration as a medical practitioner, and for the recovery of professional charges, the having passed a qualifying examination in 'medicine, surgery, and midwifery.' The (English) Midwives Act, 1902, as amended by the (English) Midwives Acts, 1918 to 1937, penalizes any woman, not certified under the Act, who styles herself a midwife, or who habitually attends women in child birth for gain; constitutes a Central Midwives Board to regulate the issue of certificates; establishes a 'Midwives Roll'; provides for the local supervision of midwives by county or county borough councils, and otherwise aims at securing the better training of midwives and the regulation of their practice. For the Acts and the Rules of the Central Midwives Board under it, see Chitty's Statutes. The (English) Ministry of Health Act, 1919, provides that the Ministry s...
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