Summon - Law Dictionary Search Results
Home Dictionary Name: summon Page: 2Habeas corpora juratorum
Habeas corpora juratorum, Law Latin (that you have the bodies of the jurors), a process which issued out of the Court of Common Pleas, commanding the sheriff to summon a jury. The practice was similar to the distringas from the King's Bench and Exchequer for the same purpose. Abolished by C.L.O. Act, 1852, s. 104.Is a writ or order requiring that a prisoner be brought before a court at a stated time and place to decide the legality of his detention or imprison-ment, Webster American Dictionary, p. 856.Commands the Judge of the inferior court to produce the body of the defendant with a statement of the cause of his detention, to do and to receive what-ever the higher court shall decree, A Dictionary of Law, William C. Anderson, 1889, p. 500.Is a high prerogative writ of English Common Law, Habeas Corpus Act of 1979 and 1816 are basis of security for the enjoyment of personal freedom, Webster American Dictionary, p. 856.In India every High Court is empowered to issue the prerogative writ...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
Indictment
Indictment [fr. indico, Lat., to show], a written accusation against one or more persons of a crime formerly preferred to and presented upon oath by a grand jury. Grand juries were partly abolished by the Administration of Justice (Miscellaneous Pro-visions) Act, 1933 (23 & 24 Geo. 5, c. 36). The bill of indictment is now preferred by any person before a court in which a person charged may lawfully be indicted, and the proper officer shall, if the requirements have been complied with, sign the bill and it shall thereupon become an indictment. But bills of indictment may be preferred before grand juries of the Counties of London and Middlesex by virtue of certain enactments set out in the 1st Schedule (high treason and certain other offences tribal in the King's Bench Division). Indictments were of a highly technical character until simplified by the Indictments Act, 1915, which directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Pro...
Mannire
Mannire, to cite any person to appear in court and stand in judgment there: it is different from bannier; for though both of them are citations, this is by the adverse party and that is by the judge.Mannire, to summon (an adverse party) to court; to prosecute (a case), Black's Law Dictionary, 7th Edn., p. 975...
Material witness
Material witness, the test whether a witness is material for the present purpose is not whether he would have given evidence in support of the defence. The test is whether he is a witness 'essential to the unfolding of the narrative on which the pros. is based.' Whether a witness is so essential or not would depend on whether he could speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have been able to give evidence of the facts on which the prosecution relied. (AIR 1936 PC 289 relied), Narain v. State of Punjab, AIR 1959 SC 484 (487): 1959 Supp (1) SCR 724. [Criminal PC (5 of 1898), s. 208] The Court has power to summon material witness, or examine person present if his evidence appears to be essential for the just decision of the case (CrPC, s. 311)....
Servitors of Bills
Servitors of Bills, servants or messengers of the Marshal of the King's Bench, who were sent abroad with writs, etc., to summon persons to that Court, 2 Hen. 4, c. 23....
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Pone per vadium
Pone per vadium, an obsolete writ to the sheriff to summon the defendant to appear and answer the plaintiff's suit, on his putting in sureties to pro-secute: it was so called from the words of the writ, pone per vadium et salvos plegios-'put by gage and safe pledge, A.B., the defendant.'...
Quod permittat prosternere
Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished.Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature to a petition of right, Black's Law Dictionary, 7th Edn., p. 1263.Means this is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and show cause why he will not. And this writ lies as well for the alienee of the party first injured, as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant, Commentaries on the Laws of England, 3 William Blackstone 222 (1768)....
Capella
Cape, a judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default and also over to the demandant; the cape ad valentiam was a species of grand cape; and cape parvum, or petit cape, after appearance or view granted, summoning the tenant to answer the default only, Termes de la Ley; Steph. Com.The proceedings in real actions were abolished by 3 & 4 Wm. 4, c. 27, s. 36, and 23 & 24 Vict. c. 126, s. 26....
- << Prev.
- Next >>