Legal Term Dictionary

By the Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the formation of councils of conciliation and arbitration, consisting of a certain number of masters and workmen in any trade or employment, having power to hear and determine all questions between More...

By the Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the formation of councils of conciliation and arbitration, consisting of a certain number of masters and workmen in any trade or employment, having power to hear and determine all questions between masters and workmen which may be submitted to them by both parties, arising out of or with respect to the particular trade or manufacture, and incapable of being otherwise settled. They have power to apply to a justice to enforce the performance of their award. The members are elected by persons engaged in the trade. Davis, Bldg. Soc. 232; Sweet Less...

Under the English judicature act 1873, § 75, an annual council of the judges of the supreme court Is to be held, for the purpose of considering the operation of the new practice, offices, etc., introduced by the act, and of reporting to a secretary of state as to any More...

Under the English judicature act 1873, § 75, an annual council of the judges of the supreme court Is to be held, for the purpose of considering the operation of the new practice, offices, etc., introduced by the act, and of reporting to a secretary of state as to any alterations which they consider should be made in the law for the administration of justice. An extraordinary council may also be convened at any time by the lord chancellor. Sweet Less...

A court Instituted by Henry VIII. in 1537, to administer justice in Yorkshire and the four other northern counties. Under the presidency of Stratford, the court showed great rigor, bordering, it is alleged, on harshness. It was abolished by 10 Car. I., the same act which abolished the Star Chamber. More...

A court Instituted by Henry VIII. in 1537, to administer justice in Yorkshire and the four other northern counties. Under the presidency of Stratford, the court showed great rigor, bordering, it is alleged, on harshness. It was abolished by 10 Car. I., the same act which abolished the Star Chamber. Brown. Less...

1. In practice. An advocate, counsellor, or pleader. 3 Bl. Comm. 20; 1 Kent, Comm. 307. One who assists his client with advice, and pleads for him in open court. See COUNSELLOR. Counsellors who are associated with those regularly retained In a cause, either for the purpose of advising as More...

1. In practice. An advocate, counsellor, or pleader. 3 Bl. Comm. 20; 1 Kent, Comm. 307. One who assists his client with advice, and pleads for him in open court. See COUNSELLOR. Counsellors who are associated with those regularly retained In a cause, either for the purpose of advising as to the points of law involved, or preparing the case on its legal side, or arguing questions of law to the court, or preparing or conducting the case on its appearance before an appellate tribunal, are said to be "of counsel." 2. Knowledge. A grand jury is sworn to keep secret "the commonwealth's counsel, their fellows', and their own." 3. Advice given by one person to another in regard to a proposed line of conduct, claim, or contention. State v. Russell, 83 Wis. 330, 53 N. W. 441; Ann. Codes & St Or. 1901, S 1049. The words "counsel" and "advise" may be, and frequently are, used in criminal law to describe the offense of a person who, not actually doing the felonious act by his will contributed to it or procured it to be done. True v. Com., 90 Ky. 651. 14 S. W. 684; Omer v. Com., 95 Ky. 353, 25 S. W. 594. —Junior counsel. The younger of the counsel employed on the same side of a case, or the one lower in standing or rank, or who is intrusted with the less important parts of the preparation or trial of the cause. Less...

This is required, in some jurisdictions, to be affixed to pleadings, as affording the court a means of judging whether they are interposed in good faith and upon legal grounds.

This is required, in some jurisdictions, to be affixed to pleadings, as affording the court a means of judging whether they are interposed in good faith and upon legal grounds. Less...

An advocate or barrister. A member of the legal profession whose special function is to give counsel or advice as to the legal aspects of judicial controversies, or their preparation and management and to appear in court for the conduct of trials, or the argument of causes, or presentation of More...

An advocate or barrister. A member of the legal profession whose special function is to give counsel or advice as to the legal aspects of judicial controversies, or their preparation and management and to appear in court for the conduct of trials, or the argument of causes, or presentation of motions, or any other legal business that takes him into the presence of the court In some of the states, the two words "counsellor" and "attorney" are used interchangeably to designate all lawyers. In others, the latter term alone is used, "counsellor" not being recognized as a technical name. In still others, the two are associated together as the full legal title of any per* son who has been admitted to practice in the courts; while in a few they denote different grades, it being prescribed that no one can become a counsellor until he has been an attorney for a specified time and has passed a second examination. In the practice of the United States supreme court, the term denotes an officer who is employed by a party in a cause to conduct the same on its trial on his behalf. He differs from an attorney at law. In the supreme court of the United States, the two degrees of attorney and counsel were at first kept separate, and no person was permitted to practice in both capacities, but the present practice is otherwise. Weeks, Attys. at Law. 54. It is the duty of the counsel to draft or review and cor- rect the special pleadings, to manage the cause on trial, and, during the whole course of the suit, to apply established principles of law to the exigencies of the case. 1 Kent, Comm. 807. Less...

v. In pleading. To declare; to recite; to state a case; to narrate the facts constituting a plaintiff's cause of action. In a special sense, to set out the claim or count of tbe demandant in a real action. To plead orally; to plead or argue a case In court; More...

v. In pleading. To declare; to recite; to state a case; to narrate the facts constituting a plaintiff's cause of action. In a special sense, to set out the claim or count of tbe demandant in a real action. To plead orally; to plead or argue a case In court; to recite or read in court; to recite a count in court. —Count noon a statute. Counting upon a statute consists in making express reference to it, as by the words "against the form of the statute" (or "by the force of the statute") "in such case made and provided." Richardson v. Fletcher, 74 Vt 417, 52 Atl. 1064. Less...

n. In pleading. The different parts of a declaration, each of which, if it stood alone, would constitute a ground for action, are the counts of the declaration. Used also to signify the several parts of an indictment, each charging a distinct offense. Cheetham v. Tillotson, 5 Johns. (N. T.) More...

n. In pleading. The different parts of a declaration, each of which, if it stood alone, would constitute a ground for action, are the counts of the declaration. Used also to signify the several parts of an indictment, each charging a distinct offense. Cheetham v. Tillotson, 5 Johns. (N. T.) 434; Buckingham v. Murray, 7 Houst. (Del.) 176, 30 Atl. 779; Boren v. State, 23 Tex. App. 28, 4 S. W. 463; Bailey v. Mosher, 63 Fed. 490, 11 C. C. A. 304; Ryan v. Riddle, 109 Mo. App. 115, 82 S. W. 1117. —Common counts. Certain general counts or forms inserted in a declaration in an action to recover a money debt not founded on the circumstances of the individual case, but intended to guard against a possible variance, and to enable the plaintiff to take advantage of any ground of liability which the proof may disclose, within the general scope of the action. In the action of assumpsit, these counts are as follows: For goods sold and delivered, or bar-rained and sold; for work done; for money lent; for money paid; for money received to the use of the plaintiff; for interest; or for money due on an account stated. See Nugent v. Teauchot 67 Mich. 571, 35 N. W. 254.—General count. One stating in a general way the plaintiff's claim. Wertheim v. Casualty Co., 72 Vt 326, 47 Atl. 1071.—Omnibus count. A count which combines. in one all the money counts with one for goods sold and delivered, work and labor, and an account stated. Webber v. Tivill, 2 Saund. 122; Griffin v. Murdoch, 88 Me. 254, 34 Atl. 30.—Money counts. A species of common counts, so called from the subject-matter of them; embracing the indebitatus assumpsit count for money lent and advanced, for money paid and expended, and for money had and received, together with the in-simul computassent count, or count for money due on an account stated. 1 Burrill. Pr. 132. —Severn! counts. Where a plaintiff has several distinct causes of action, he is allowed to pursue them cumulatively in the same action, subject to certain rules which the law prescribes. Wharton.—Special count. As opposed to the common counts, in pleading, a special count is a statement of the actual facts of the particular case, or a count in which the plaintiff's claim is set forth with all needed particularity. Wertheim v. Casualty Co., 72 Vt 326, 47 Atl. 1071. Less...

(Fr. comtc; from the Latin comes.) An earl.

(Fr. comtc; from the Latin comes.) An earl. Less...

In English parliamentary law. Forty members form a house of commons; and, though there be ever so many at the beginning of a debate, yet, if during the course of it the house should be deserted by the members, till reduced below the number of forty, any one member may More...

In English parliamentary law. Forty members form a house of commons; and, though there be ever so many at the beginning of a debate, yet, if during the course of it the house should be deserted by the members, till reduced below the number of forty, any one member may have it adjourned upon its being counted; but a debate may be continued when only one member is left in the house, provided no one choose to move an adjournment Wharton. Less...