Proper Officer - Law Dictionary Search Results
Home Dictionary Name: proper officer Page: 3Distrain
Distrain, to make seizure to goods or chattels by way of distress. See DISTRESS.To take as a pledge the property of another to keep the same until the performs his obligation, or until the property is sold by the sheriff or other proper officer to satisfy the obligation: Legal seizing goods as a method of enforcing payment....
hand down
hand down 1 : to deliver (the decision or opinion of an appellate court) to the proper office of an inferior court 2 : to make an official formulation of and announce (the decision of a court) ...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Arraign
Arraign [fr. arraisonner, aresner, aregnir, arraigner, Old Fr., i.e., ad rationem ponere, Lat., to call one to account], to bring a prisoner to the bar of the Court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, reading to him the indictment, demanding of him whether he be guilty or not guilty, and entering his plea. The pleas upon arraignment are either the general issue, i.e., not guilty, or a plea in abatement or in bar, or the prisoner may demur to the indictment, or he may confess the fact, upon which the Court proceeds immediately to judgment. But, if the prisoner 'shall stand mute or malice, or will not answer directly to the indictment or information,' the Court, if it shall so think fit, may 'order the proper officer to enter a plea of 'not guilty' on behalf of such a person, and the plea so entered shall have the same force and effect as if the person had so pleaded the same.'-Crim. Law Act,1827 (7 ...
Dies amoris
Dies amoris (the day of love), the appearance day of the term, the fourth day or quarto die post. It was the day given by the favour and indulgence of the court to the defendant for his appearance, when all parties appeared in Court and had their appearance recorded by the proper officer, Co. Litt. 135 a....
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
Steward of manor
Steward of manor, the lord's deputy, who transacts all the legal and other business connected with the estate, and takes care of the Court-rolls. The office is usually held by the lord's solicitor. The office has been deprived of much of its importance in consequence of the abolition of copyhold tenure by the (English) Law of Property Act, 1922 (see COPYHOLDS). The scale of compensation to the steward of the manor if he was appointed before the 29th June, 1922, is provided for by the 14th Sch. of the (English) Law of Property Act, 1922, and see the (English) L.P. (Amendment) Act, 1924. See also the (English) L.P. Act, 1922, and the (English) Enfranchised Land (Stewards' Fees) Regulations, S.R. & O., 1926, No. 3, as to fees payable to stewards upon extinguishment of manorial incidents and upon the compulsory production of assurance of former copyholds to him. Upon a vacancy for three months in the office and on other occasions the Lord Chancellor may upon default of the lord of the mano...
Under the colour of duty
Under the colour of duty, the expression 'under colour of something' or 'under colour of duty', or 'under colour of office', is not infrequently used in law as well as in common parlance. Whether or not when the act bears the true colour of the office or duty or right, the act may be said to be done under colour of that right, office or duty, it is clear that when the colour is assumed as a cover or a cloak for something which cannot properly be done in performance of the duty or in exercise of the right or office, the act is said to be done under colour of the office or duty or right, Virupaxappa Veerappa Kadampur v. State of Mysore, AIR 1963 SC 849 (852): (1963) 2 Supp SCR 6; see also Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323. [Bombay Police Act, 1951 (22 of 1951), s. 161(1)]...
act
act 1 a : something done by a person in accordance with his or her free will [a tortious ] see also actus reus b : the failure to do something that one has a legal duty to do called also negative act 2 a often cap : the formal product of a legislative body : the formally declared will of a legislature the final requirement of which is usually the signature of the proper executive officer : statute [an of Congress] b : a decision or determination of a sovereign, a legislative council, or a court of justice compare bill 3 often cap : a formal record of something done or transacted [given as my free and deed] [matters of procedure are provided for in that Act "Federal Rules of Civil Procedure Rule 81(a)(6)"] vi 1 : to carry into effect a determination of the will : take action 2 : to discharge the duties of a specified office or post : perform a specified function used with a prepositional phrase [declaring what officer shall then as President "U.S. Constitution art. II"] ...
Arches, Court of
Arches, Court of [fr. curia de arcubus, Lat.], a court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the Dean of the Arches, because his Court was anciently held in the church of Saint Mary-le-Bow (Sancta Maria de arcubus), so named from the steeple, which is raised upon pillars, built archwise. It was formerly held, as also were the other principal Spiritual Courts, in the hall belonging to the College of Civilians, commonly called Doctors' Commons. It is now held at the Church House, Westminster. Its proper jurisdiction is only over the 13 peculiar parishes belonging to the Archbishop in London, but the office of Dean of the Arches having been for a long time united to that of the Archbishiop's Official Principal, the Dean of the Arches, in right of such added office, receives and determines appeals from the sentences of all Inferior Ecclesiastical Courts within the province. There was formerly an appeal to the king in Chancery, or to a Court of De...
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