allocatur

the allocatur of a single Judge certainly cannot enlarge the appellate powers of this Court beyond the limits prescribed by law, and that law does not authorize an appeal from an order directing execution to issue to enforce a judgment.

Lat. It ls allowed. A word formerly used to denote that a writ or order was allowed. A word denoting the allowance by a master or prothonotary of a bill referred for his consideration, whether touching costs, damages, or matter of acoount Lee.

— Special allocatur. The special allowance of a writ (particularly a writ of error) which la required in some particular cases.

Lat. Itis allowed. A word formerly used to denote that a writ or order was allowed, A word denoting the allowance by a master or prothonotary of a bill referred for his consideration, whether touching costs, damages, or matter of account. Lee.

Lat. [from allocare, to allow.] In practice. It is allowed. A term used, (when the proceedings were in Latm,) to express the s Qlowance of a thing or proceeding, by a court, judge or judicial officer.* Now app Ued in England to the certificate given by the master, on taxing a bill of costs, showing the amount taxed, or allowed. 1 Tidd's Pract. 837, 500. Used also to denote the allowance of a writ or order by a judge, which is generally done by the judge's endorsing the word '' allowed," and signing his name. Used also in the earlier reports, to denote the concession of a point by a court on ar- ^ment; though the term eoncessum (q. v.) IS more frequently employed for this purpose. Sed non allocatur, (but it is not allowed), b a common expression.

practice, is the allowance of a writ; e. g. when. a writ of habeas corpus is prayed for, the judge directs it to be done, by writing the word allowed, and signing his name, this is called the allocatur. In the English courts this word is used to indicate the master or prothonotary’s allowance of a sum referred for his consideration, whether touching costs, damages, or an absolute estate of inheritance in contradistinction to a feud. In this country the title to land is essentially allodial, and every tenant in fee simple has an absolute and perfect title, yet in technical language his estate is called an estate in fee simple, and the tenure free and common socage. 3 Kent, Com. 390. Vide Cruise, Prel, Des. c.1, §13; 2 Bl. Com. 45. For the etymology of this word vide 3 Kent, Com. 3938, note.