Summoners

Summoners, petty officers, who cite and warn persons to appear in any court, Fleta, 1. 9....

summon

summon : to command by service of a summons to appear in court ...

vouch [Anglo-French voucher to call, summon, summon to court as guarantor of a title, ultimately from Latin vocare to call, summon] vt 1 : to summon into court 2 : to verify (a business transaction) by examining documentary evidence vi 1 : to become surety 2 a : to supply supporting evidence or testimony b : to give personal assurance ...

Challenge to the array

Challenge to the array, is the taking of exception to the whole panel of persons returned by the summoning officer by reason of matter personal to himself, and is either a principal challenge (on the ground of any partiality in the officer concerned in the summoning and return of the jury, as, for instance, if such officer is biased or has acted improperly) or 'for favour', where the position of the Summoning Officer is not necessarily inconsistent with indifference, but may be suspected, Halsbury's Laws of England, Vol. 11(2), para 985, p. 829....

Jury process

Jury process, means (1) the procedure by which jurors are summoned and their attendance is enforced. (2) The papers served on or mailed to potential jurors to compel their attendance, Black's Law Dictionary, 7th Edn., p. 862.Jury process, the writ for the summoning of a jury. They were the distringas juratores, or habeas corpora juratorum, and the venire juratores facias, now abolished. A jury is summoned by precept. See 23 & 24 Vict. c. 77...

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, ...

Jury

Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...

Great Seal

Great Seal [clavis regni,Lat.], the emblem of sovereignty, introduced by Edward the Confessor. It is held by the Lord Chancellor or Lord Keeper for the time being and may not be taken out of the country. By Art. 24 of the Union between England and Scotland (5 Anne, c. 8) it was provided that there should be one Great Seal for the United Kingdom, to be used for sealing writs to summon the Parliament, and for sealing treaties with foreign states and all public acts of state which concern the United Kingdom, and in all other matters relating to England, as the Great Seal of England was then used; and that a seal in Scotland should be kept and made use of in all things relating to private rights or grants, which had usually passed the Great Seal of Scotland, and which only concern offices, grants, commissions, and private right within Scotland. On the Union between Great Britain and Ireland no express provision was made by any of the Articles of the Union as to the establishing one Great S...

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....

Cape

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....

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