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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

adj. Connected with a public appointment; pertaining to the functions of an office. Official, n.: an officer; a person holding some appointment, or clothed with some authority or station. Of Bcial, or of Scial principal. In the ancient civil law, signified him who was the minister of, or attendant upon, a magistrate. In the canon law, it is especially taken for him to whom any bishop doth generally commit the charge of his spiritual jurisdiction; and, in this sense, the chancellor of the diocese is called the official principal. The word official also includes the deputv of an archdeacon. ( Cowel; Toml.) Mozley^ W. This was the name given to a judicial officer of high ecclesiastical authority in the province of Canterbury, and who was appomted by and under the authority of the archbishop. He had extraordinary jurisdiction in almost all ecclesiastical causes; and all appeals from bishops and their surrogates were directed to him. His ordinary jurisdiction extended throughout the whole province of Canterbury; but his citation, except upon appeal or by letters of request, was confined to his own diocese. This office was at one time separate from that of the dean of the arches' court of Canterbury; but as the two courts met at the same place (formerly Bow Church, de Arcubus), and the dean of the arches frequently performed the duties of the official, in the course of time they became, and ever afterwards remained, completely united and identified. The court of the official principal was, therefore, called the arches' cburt of Canterbury. Brown. Official assignee. The officers of the bankruptcy courts appointed by the lord chancellor under the bankruptcy acts for the pui-pose of acting, as occasion might require, with other assignees in official assignees. They are now, as regards the country districts, abolished; in London, they are attached to the new bankruptcy court, to perform such duties as the lord chancellor shall du-ect.

Official liquidator

A person appointed by the judge in chancery, in whose court a joint-stock company is being wound up, to bring and defend suits and actions in the name of the company, and generally to do all things necessary for winding up the affairs of the company, and distributing its assets.

3 Steph. Com. 24.

Official managers

Persons appointed to superintend the winding up of insolvent companies, under the control of the court of chancery.

Wharton.

Official referees. Officers to be attached to the supreme court of judicature, to whom the trial of any question in any civil proceeding, before the high court of justice or before the court of appeal, may be referred by the court or by any divisional court or by a judge for inquiry and report.

Stat. 36 ^ 37 Vict. ch. 66, §§ 66, 83; Mozley Sf W.

Official use

An active use before the statute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A, with directions for him to sell the estate, and distribute the proceeds amongst B, C, and D. To enable A to perform this duty, he had the legal possession of the estate to be sold.

Wharton.

Officina justitiae. The workshop of justice. A name given to the English chancery, as the place from which all writs issued under the great seal, returnable into the courts of law.

Officium nemini debet esse damnosum

An office ought to be injurious to no one; no one should suffer fi-om the discharge of a duty. This is a maxim of the Scotch law, applicable, to a great extent, to private as well as public obligations and duties. Bell Diet.