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Record, Trial by

Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....

Failing of record

Failing of record, when an action is brought against a person who alleges in his plea matters of record in bar of the action, and avers to prove it by the record; but the plaintiff saith nul tiel record, viz., denies there is any such record; upon which the defendant has a day given him by the Court to bring it in; if he fail to do it, then he is said to fail of his own record, and the plaintiff is entitled to sign judgment, Termes de la Ley....

Recording

Keeping a record or a register as a recording secretary applied to numerous instruments with an automatic appliance which makes a record of their action as a recording gauge or telegraph...

Materials on record

Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...

Nul tiel record, issue of

Nul tiel record, issue of, a traverse that there is no such record. This was the proper form of issue whenever a question arose as to what had judicially taken place in a superior Court of record; for the law presumes that, if it took place, there will remain a record of the proceeding, 3 B. & C. 449....

Recorder

Recorder, in municipal boroughs having a separate Court of Quarter Sessions, a barrister of five years' standing at least, appointed by the Crown, holding office during good behaviour, and receiving 'such yearly salary not exceeding that stated in the petition on which the grant of a separate Court of Quarter Sessions was made,' as the sovereign directs. He is sole judge of the Court of Quarter Sessions, 'having cognizance of all crimes, offences, and matters cognizable by Courts of Quarter Sessions in England,' except that he may not grant licences or hear licensing appeals under the Intoxicating Liquor Licensing Acts, or levy rates (Municipal Corporations Act, 1882, ss. 162, 165). He may appoint as 'deputy recorder' a barrister of five years' standing, in case of sickness or unavoidable absence, and an 'assistant recorder' if it appears that the Quarter Sessions are likely to last more than three days (ibid., s. 168), as amended by the Summary Jurisdiction (Appeals) Act (23 & 24 Geo....

Clerks of records and writs

Clerks of records and writs. Three officers in Chancery first appointed under 5 & 6 Vict. c. 103. The their duties, Dan. Ch. Prac., 7th Edn. They wereofficers of the Supreme Court (English) (Jud.Act, 1873, s. 77). The office is merged in that of the Masters, and see R.S.C. Ord. LXI....

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