Summons - Law Dictionary Search Results
Home Dictionary Name: summons Page: 5Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Masters of the Supreme Court
Masters of the Supreme Court, in the King's Bench Division, officials, seven in number, deriving their title from the (English) Jud. (Officers) Act, 1879 (see now Jud. Act, 1925, ss. 106, 122, Sched. III., Part I.), and filling the places of the Masters of the Common Law Courts, the King's Coroner and Attorney, the Master of the Crown Office, the two Record and Writ Clerks, and the three Associates. Their jurisdiction is mainly to hear summonses for directions (see DIRECTIONS, SUMMONS FOR), to supervise pleadings, and decide as to discovery. There are also Masters in the Chancery Division who have succeeded to the position and powers of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, each with four Masters and attached to two judges. The duties of the Masters are to hear summonses for directions, take accounts and answer inqui...
Notice in lieu of service
Notice in lieu of service. See SUMMONS....
Notice of writ
Notice of writ, against defendant out or jurisdiction. See SUMMONS....
Notice to third party
Notice to third party, i.e., to a person not being a party to the writ of summons in an action. See also THIRD PARTY....
Proclamation
Proclamation, means the notice publicly given of the absence of a person for whose attendance in court various summons were taken but could not be served on account of his absconding, Code of Criminal Procedure, 1973, s. 87.Proclamation, publication by authority; a notice publicly given of anything whereof the King thinks fit to advertise his subjects. Proclamation is used particularly in the beginning or calling of a Court, and at the discharge or adjourning thereof, for the attendance of persons and dispatch of business, Jac. Law Dict.S. 2 of the West Bengal (Prevention of Violent Activities) Act, 1979 defined 'proclamation' to mean the proclamation issued on March 19, 1970, under Article 356 of the Constitution by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 490 of the said date, Nishi Kanta Mondal v. State of West Bengal, AIR 1972 SC 1497: (1972) 2 SCC 486: (1973) 1 SCR 224....
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Stop Order
Stop Order. If any person entitled, in expectancy or otherwise, to any share of any stocks or funds, standing in the name of the Paymaster-General (formerly the Accountant-General of the Court of Chancery: see (English) Chancery Funds Act, 1872) to the general credit of any cause, or to the account of any class or classes of persons, assign his interest in such stock or funds, the assignee (although not a party to the cause in which the fund is standing) may apply by summons for a stop order to prevent the transfer or payment of such tock or funds, or any part thereof, without notice to him. And a person having a lien on a fund in Court may obtain a stop order. See (English) R.S.C. 1883, Ord. XLVI.; and consult Dan. Ch. Pr.; Seton on Judgments....
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