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Topic: Peerage law


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In the News (Mon 13 Oct 08)

  
  Peerage - Wikipedia, the free encyclopedia
There are various parts to the Peerage which convey slightly different benefits: the Peerage of England pertains to all titles created by the Kings and Queens of England prior to the Act of Union in 1707.
The only remaining peerage with associated lands controlled by the holder is the Duchy of Cornwall, which is associated with the Dukedom of Cornwall, a dukedom held by the eldest son and heir to the Sovereign.
While life peerages were often created in the early days of the Peerage, their regular creation was not provided for under an Act of Parliament until the passage of the Appellate Jurisdiction Act in 1876.
en.wikipedia.org /wiki/Peerage   (2514 words)

  
 Peerage law - Wikipedia, the free encyclopedia
Peerages in the Peerage of Scotland are not subject to these rules.
Additionally, it is now possible (under the Peerage Act 1963) to "disclaim" a peerage—doing so deprives the holder of the peerage for life, but does not destroy it, as it descends upon the death of the peer making the disclaimer.
Life peerages themselves were not unprecedented, though it was unclear whether or not life peers were by virtue of their titles entitled to sit in the House of Lords.
en.wikipedia.org /wiki/Peerage_law   (5065 words)

  
 PEERAGE - LoveToKnow Article on PEERAGE   (Site not responding. Last check: 2007-10-09)
The conclusion, then, may be drawn that in theory the issue of a writ was at the pleasure of the Crown, and that in practice the moving factor in the case of the prelates was office and personal importance, and in the case of abbots and barons probably, in the main, extent of possession.
The grant of a peerage is a very different matter; its holder becomes thereby a member of the Upper House of Parliament, and therefore, the prerogative of the Crown in creating such an office of honor must be exercised strictly in accordance with the law of the land.
The course of descent must be known to the law; and so, in the first place, it follows that a peer cannot be created for life with a denial of succession to his descendants (unless it be as one of the lords of appeal in ordinary under the acts of 1876 and 1887).
7.1911encyclopedia.org /P/PE/PEERAGE.htm   (14716 words)

  
 peerage - Hutchinson encyclopedia article about peerage
In the late 19th century the peerage was augmented by the Lords of Appeal in Ordinary (the nonhereditary life peers) and, from 1958, by a number of specially created life peers of either sex (usually long-standing members of the House of Commons).
Today all peerages are created by letters patent, which specify the line of descent of the dignity, and the heir specified in the patent succeeds even if the grantee dies before taking his or her seat.
Her husband was really deserving of her; independent of his peerage, his wealth, and his attachment, being to a precision the most charming young man in the world.
encyclopedia.farlex.com /peerage   (363 words)

  
 BRITISH NOBILITY
In UK law, a peerage is an incorporeal heriditament (a non-corporeal form of property, a sort of virtual real estate), being one of the several dignities, including baronetcies and knighthoods, which can be created by the Crown.
Until the House of Lords Act of 1999, succession to the disclaimed peerage was not accelerated (that is, the oldest son does not get the peerage as soon as his father has disclaimed it), nor was it diverted (to a brother or cousin, for instance).
Peerage law determines what is meant by "heirs male", "of his body", and "legitimately born", but doesn't affect the devolution of the peerage as defined in the patent.
www.freewebs.com /peerage/nobleinfo.htm   (1909 words)

  
 The British Peerage:
While the peerage of Scotland and the peerage of Ireland have obtained by legislative enactment the same privileges as those of England, they are not part of the peerage of England.
Peerage is the dignity to which is attached the right of a summons by name to sit and vote in Parliament.(100) There are however some peers who are not lords of Parliament, and lords of Parliaments who are not peers- the lords spiritual.
Peerages conferred by the British Sovereign are not, in the law of New Zealand, titles conferred by a foreign Sovereign.
www.geocities.com /noelcox/Peerage_Law.htm   (9421 words)

  
 Scottish feudal baronies (feudal barons, feudal baron) including the oath of a knight   (Site not responding. Last check: 2007-10-09)
In addition to establishing the official 'Roll of the Peerage', the warrant also states that any peer not entered on the Roll will not be entitled to any precedence attaching to his peerage, and shall not be addressed or referred to by the title of his peerage in any official context.
In Scotland feudal law was quite clear; the barony - caput, jursidiction, arms, title - went to the eldest daughter - or rather the husband of the eldest daughter- while the land might be split up amongst all the daughters.
Modern peerages created by patent are, of course, personal dignities that pass in accordance with the destination clause in the patent of creation and peerages by writ pass to heirs general in accordance with well-established (but incorrect) rules; they are both, by the very nature, unsaleable.
www.gmilne.demon.co.uk /Baronies.htm   (12832 words)

  
 HOWARD - LoveToKnow Article on HOWARD   (Site not responding. Last check: 2007-10-09)
William Howard was employed as counsel by the corporation of Lynn, and it is worthy of note that the crosslets fitchy in his shield of arms suggest the cross with which the dragon was discomfited by St Margaret, the patroness of Lynn.
Prospering by the law, William Howard of Wiggenhall rose to knights rank and acquired by purchase Grancourts manor in East Winch, near Lynn, where he had his seat in a moated house whose ruins remain.
The Viscount Stafford was one of t~e five Popish lords committed to the Tower in 1678 as a result of the slanders of Titus Oates and he died by the axe in 1680 upon testimony which, as the diarist Evelyn protested, should not be taken against the life of a dog.
www.1911encyclopedia.org /H/HO/HOWARD.htm   (5017 words)

  
 Limerick.com - Maritime Influence on Limerick History in the Eighteenth Century   (Site not responding. Last check: 2007-10-09)
At the time the Peerage Act 1963 was enacted a clear decision of policy had been taken to exclude the Irish peers entirely from the House of Lords.
Although as a matter of law it was not relevant, the fact that the Irish peers had done nothing to assert their rights for over 40 years during which these rights were denied cannot have won them much sympathy.
It was possible that another group of Irish peers who had not been party to the earlier petition would have presented a further petition and resisted the application of the precedent in the earlier case on the basis that a relevant argument had not been considered.
www.limerick.com /history/theirishpeers.html   (2586 words)

  
 Ireland Information Guide , Irish, Counties, Facts, Statistics, Tourism, Culture, How
Nowadays, life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and carry with them, presuming the recipient meets qualifications such as age and citizenship, seats in the House of Lords.
In 1856, it was determined necessary to add a peer learned in law to the House of Lords (which exercised and continues to exercise certain judicial functions), without allowing the peer's heirs to sit in the House and swell its numbers.
A peer created under the Life Peerages Act has the right to sit in the House of Lords, provided he is twenty-one years of age, is not suffering punishment upon conviction for treason and is a citizen of the United Kingdom, of the Republic of Ireland or of a member of the Commonwealth of Nations.
www.irelandinformationguide.com /Life_peer   (2086 words)

  
 Feudal Titles
The concept of peerage did not develop immediately, and its subsequent evolution was haphazard and irrational.
Feudal Law gives the title of Baron to all those who hold the absolute jurisdiction which is carried by the grant of furca et fossa - the power to hang men, and to drown women, found guilty of capital offences by a baronial court.
In brief: a feudal title is a territorial dignity which passes with the ownership of the lands to which it is attached; a peerage title is a personal dignity which will pass, if it is not a life peerage, according to the "remainder" or "destination" specified at the time of its creation.
www.baronage.co.uk /bphtm-01/essay-3.html   (890 words)

  
 The Scottish Heraldry Forum Message
It was deep-rooted in older Scots peerage law that the fee of the land was inseparable from the titular honour.
In the 1985 hearing on the Earldom of Annandale and Hartfell, this concept was part of the debate, as the 1662 charter on which the case turned was a grant firstly of the territorial earldom, and secondly of the title of Earl.
The charter evidence varies from peerage to peerage, but any assignment of a peerage in fee needed the consent of and a charter of confirmation from the Crown.
www.heraldry-scotland.co.uk /oldforum/ShowMessage.asp?ID=5287   (556 words)

  
 Black v Chrétien and the honours prerogative
The common law courts have been limiting the prerogative since Coke J and the Case of Proclamations in 1611.(18) But they are reluctant to interfere with the prerogative in certain areas.
The law recognises the Crown as the body in whom the executive authority of the country is vested, and by which the business of executive government is exercised.
The peerage was in effect a British office, and as such wholly within the field of the British prerogative, exercisable on the advice of the British Prime Minister.
www.geocities.com /noelcox/Black_v_Chretien.htm   (4994 words)

  
 Corpora on Laurels   (Site not responding. Last check: 2007-10-09)
The Crown may elevate subjects to the Peerage by granting membership in one of the Orders conferring a Patent of Arms, after consultation with the members of the Order within the Kingdom, and in accordance with the laws and customs of the kingdom.
However, kingdom law may define conditions and procedures under which a recommendation for such action may be made to the Board.
Nothing prohibits a person who has been degraded from any order of the peerage from being elevated to the peerage at a later date, should the Crown determine that the person in question now meets the requirements of the order to which he is being elevated.
www.ansteorra.org /orders/peerage/laurel/articles/CorporaOnLaurels.htm   (846 words)

  
 Selden Society Publications
The subject of this reading is the law relating to royal franchises, which were central to the medieval and early modern legal system, and the parallel materials include lectures on liberties in general, tourns and leets, wreck, royal fish, and forest law.
This is the first edition of Elizabethan law reports to be undertaken by the Society and covers the period of Dyer's chief justiceship of the Common Pleas (1559-81), with a few older cases going back to 1541.
Given the importance of manuscript law reports, which are frequently of better quality than anything in print, it is rather surprising that no bibliography of the later reports has ever been attempted.
www.law.harvard.edu /programs/selden_society/pub.html   (6182 words)

  
 RECENT LIBRARY ACQUISITIONS - July 2002
The law and practice of foreign attachment in the Lord Mayors court [microform] : under the new rules of practice : with an appendix, of the forms of proceeding in attachment, and in ordinary actions / by John Locke.
The law and practice of the county court in Ireland in civil, insolvency, and testamentary cases [microform] : with the rules of the court and forms of proceedings under statutes and otherwise...
A treatise on the law of actions on statutes [microform] : remedial as well as penal, in general, and on the statutes respecting copyright : for offences against the law concerning the election of members to Parliament : against the hundred : and against sheriffs or their officers / by Issac 'Espinasse.
www.stcl.edu /library/Acqjul02.htm   (8013 words)

  
 PUBLISHER'S PREFACE
In the pre-computer era of the late 1960s it was necessary to wind up the editorial process much further in advance of publication, too soon to include many members of peerage or baronetage families born about then.
The new edition is the result of five years' unremitting toil by a full-time editorial team of 11.
Sir Bernard Burke, one of the former editors of Burke's Peerage & Baronetage, was in addition the author of a book entitled the Vicissitudes of Families.
www.burkes-peerage.net /Sites/Peerage/SitePages/page62-1.asp   (969 words)

  
 Lords Hansard text for 11 May 1999 (190511-19)
But that method of creating a peerage, a Barony by Writ or in Fee was referred to in the proceedings before the Committee for Privileges in this House as recently as the 1994-95 Session in the matter of the Barony of Farnham.
Of course, it was held that Lord Coke's doctrine did not apply in the case of the Barony of Farnham but the possibility of peerages being created in that way, given the right circumstances, does not appear to have been called into question.
What matters is that anyone elevated to the peerage via that route is not picked up by the terms of Clause 1 because it would not be until after the Writ had been responded to and obeyed that the relevant peerage could be created.
www.parliament.the-stationery-office.co.uk /pa/ld199899/ldhansrd/vo990511/text/90511-19.htm   (1595 words)

  
 [No title]
Debrett's Peerage was unimportant in the grave; breaches of social etiquette passed unnoticed there; the wagging of malicious tongues was stopped by dust.
In peerage law they were his coheirs, and the inheritance could not descend because not one of them had an exclusive right to it.
He had forgotten that his accession to the peerage would make him, as it were, a public figure, and the glamour which the newspapers would throw over his lifelong quest would invest every act of his life with a publicity from which he could not hope to escape.
www.ibiblio.org /pub/docs/books/gutenberg/1/2/5/0/12509/12509-8.txt   (23790 words)

  
 Worldroots.com
A General and Heraldic Dictionary of the PEERAGE and BARONETAGE of the British Empire.
Peerage of Spain with pedigrees and some illustrations of arms.
The PEERAGE OF THE BRITISH EMPIRE, As at Present Existing, To which is added the Baronetage.
worldroots.com /brigitte/royal/books/heraldry.htm   (2158 words)

  
 THE IRISH PEERS AND THE HOUSE OF LORDS - THE FINAL CHAPTER
The other major opinion in the case was delivered by Lord Wilberforce, another law lord.
The Lord Chancellor Lord Hailsham opposed the motion proposed by Lord Masserene to remove the provisions about the Irish peers from the Statute Law Repeals Bill.
Opinions were delivered by Lord Keith of Kinkel and Lord Jauncey of Tullichettle, both Scottish law lords.
www.burkes-peerage.net /sites/ireland/sitepages/page93.asp   (2629 words)

  
 Feudal Titles -- The Black Watch
(As Vicary Gibbs observed when Editor of The Complete Peerage, "it is impossible to reconcile the facts of history with the Law of Peerage" and even Parliament itself has never been defined by the Committee for Privileges, the body responsible for the organisation of the British Peerage in Parliament.)
Those barons who first attended the Norman kings in council came as territorial magnates holding their lands of the king in accordance with a loosely hereditary system, but if the barony, which was the lands, passed to another, the rank of baron and the privileges dependent on it passed also.
> >In brief: a feudal title is a territorial dignity >which passes with the ownership of the lands to which >it is attached; a peerage title is a personal dignity >which will pass, if it is not a life peerage, >according to the "remainder" or "destination" >specified at the time of its creation.
www.voy.com /22043/30.html   (1945 words)

  
 The FEUDAL HERALD - April 2000
The majority are not titles of the kind their advertisers hope to persuade their buyers to believe they are, which is to say in this case that the "titles" are not titles of dignity, that they do not qualify their holders to prefix their names with the words Lord or Lady (for example).
The laws governing the responsibility of ISPs for content supplied by their customers are still uncertain in their interpretation, and accordingly our ISP played for safety and suppressed free speech.
Documentation is then prepared for the lawful conveyancing of this trademark (sorry ~ "styled titled name and legend") to the first punter who takes a liking to the name of Sinnerston and who rather fancies the idea of being the lord of its manor.
www.baronage.co.uk /nl/nl-02-04.htm   (2474 words)

  
 NobleScams.com | Antony Boada, British Feudal Investments fraud revealed!
Another interesting read is the article in the Miami New Times from 1997, which may give you a good idea of what Antony Boada is really all about.
Investigation reveals that Boada represents himself to be an attorney and claims that his Florida based business, BFI, is a law firm specializing in “Peerage Law.
As is further developed herein, Boada is alleged to routinely structure payments he receives as the fruits of his fraudulent schemes to appear to be tax exempt donations to non-existent charitable organizations.  If true, Boada could be in violation of Florida Statutes (FSS 496) and federal Money Laundering statutes (18 USC 1956).
www.noblescams.com /boada   (226 words)

  
 NobleScams.com | Noble Titles and Other Investment Related Internet Scams Revealed!
Investigation reveals that Boada, his associates and his business are acting in violation of various State and Federal laws.
Florida Statutes require that any person who holds himself out to be an attorney must licensed by the Supreme Court of Florida.
By all appearances, Boada is engaged in the sale and transfer of unregistered securities, an activity he conducts without the licenses mandated by Florida Statutes and federal laws related to securities transactions.
www.noblescams.com /boada/boada15.htm   (749 words)

  
 The Project Gutenberg eBook of The Moon Rock, by Arthur J. Rees
Pendleton, with a woman’s contempt for the law.
“The law should realize that it was done from the best of motives to keep from an innocent girl a secret which would darken her life,” responded Mrs.
And with that conclusion she had indignantly left the house with her husband, leaving her brother to walk back to his lodgings at the churchtown in moody solitude across the rainy darkness of the moors.
www.gutenberg.org /files/12509/12509-h/12509-h.htm   (20823 words)

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