Legal Dictionary of Pakistan

Backing. Endorsement, esp. Of a warrant by a magistrate.

See back (4).

Court of Magistrates and Freeholders

Hist. A South Carolina court with criminal jurisdiction over alleged offenses committed by slaves and free persons of color.

Magister

n. [fr. Latin magis "more"] Roman law. 1. A master; a superior, esp. by office or position. 2. A teacher; esp. one who has obtained eminence in a particular field of learning.

Magister rerum usus; magistra rerum experientia

Use is the master of things; experience is the mistress of things.

Magisterial

adj. Of or relating to the character, office, powers, or duties of a magistrate. - Also termed magistral; magistratic.

Magistracy

1 The office, district, or power of a magistrate. 2. A body of magistrates.

Magistral

adj 1 Of or relating to a master or masters <an absolutely magistral work>. 2. Formulated by a physician <a magistral ointment. 3. MAGISTERIAL.

Magistrate

n 1.The highestranking official in a government, such as the king in a monarchy, the president in a republic, or the governor in a state. - Also termed chief magistrate; first magistrate. 2. A local official who possesses whatever power is specified in the appointment or statutory grant of authority. 3. A judicial officer with strictly limited jurisdiction and authority, often on the local level and often restricted to criminal cases. Cf. JUSTICE OF THE PEACE. - magisterial (maj-astir-ee-al), adj.

Magistrate Judge

U.S. See UNITED STATES MAGISTRATE JUDGE.

Magistratus

n. [fr. Latin magister "a master"] Roman law. 1. A magistrate. 2. A magistrate's office "Magistratus. Denotes both the public office and the official himself Magistracy was a Republican institution; under the Principate some magistratus continued to exist but with gradually diminishing importance; in the post-Diocletian Empire some former magistracies still exist but reduced nearly completely to an honorific title The most characteristic features of the Republican magistracy were the limited duration (one year) and colleagueship since each magistracy was covered by at least two persons with equal power Magistrates were elected by the people During his year of service a magistratus could not be removed. Misdemeanor in office could be prosecuted only after the term, hence the tenure of an office for two consecutive years was prohibited The tenure of a public office was considered an honor; for that reason the magistrates did not receive any compensation. Their political influence was, however, of greatest importance Adolf Berger, Encyclopedic Dictionary of Roman Law 571-72 (1953).

Maximus erroris populus magister

The people are the greatest master of error.

Non est singulis concedendum quod per magistratum publice possit fieri, ne occasio sit majoris tumultus faciendi

That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumult.

Officia rnagistratus non dcbem case venalia

The offices of magistrates ought not to be sold.

Sublata veneratione magistratuum, respublica ruit

When respect for magistrates has been destroyed, the commonwealth perishes.

U.S. Magistrate

See UNITED STATES MAGISTRATE JUDGE.

United States Magistrate Judge

A federal judicial officer who hears civil and criminal pretrial matters and who may conduct civil trials or criminal misdemeanor trials. 28 USCA §§ 631-639. - Also termed federal magistrate and (before 1990) United States Magistrate.

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

agist

ub. to allow animals to graze on one's pasture for a fee.

agister

one who takes and pastures grazing animals for a fee; a person engaged in the business of agistment. ( an agister is a type of bailee for hire. - also spelled agistor. agister's lien see lien.

agister's lien

A lien on the animals under an agister's care, to secure payment of the agister's fee. See AGISTER; AGISTMENT.

agistment

1. a type of bailment in which a person, for a fee, allows animals to graze on his or her pasture; the taking in of cattle or other livestock to feed at a per-animal rate. 2. a charge levied upon the owner or occupier of land. see tithe of agistment.

agistment of sea-banks

hist. a charge on land used to pay for the upkeep of dikes that prevent the encroachment of the sea.

brevia magistralia

[Latin "masters' writs"] Writs issued by the masters or clerks of chancery according to the circumstances of particular cases. ( These writs, unlike some others, might be varied in accordance with the complainant's particular situation. Cf. brevia formata.

certificate of magistracy

See CERTIFICATE OF AUTHORITY.

chief magistrate

See MAGISTRATE

committing magistrate

A judicial officer who conducts preliminary criminal hearings and may order that a defendant be released for lack of evidence, sent to jail to await trial, or released on bail. See examining court under COURT.

district-court magistrate

In some states, a quasi judicial officer given the power to set bail, accept bond, accept guilty pleas, impose sentences for traffic violations and similar offenses, and conduct informal hearings on civil infractions.

federal magistrate

See UNITED STATES MAGISTRATE JUDGE.

first magistrate.

See MAGISTRATE (1).

investigating magistrate

A quasi judicial officer responsible for examining and sometimes ruling on certain aspects of a criminal proceeding before it comes before a judge. "The institution of the investigating magistrate is another measure for preserving the integrity of the law at the level of enforcement. In this case the measure is directed not toward curing the evils of a lax or sporadic enforcement, but toward the evils of an opposite nature, those resulting from an excess of zeal on the part of the prosecutor. Under the system in question, before a criminal charge may be brought before the regular courts it must be investigated by a special official and, in effect, certified as deserving trial in court. The investigating magistrate is thus a kind of quasi judge standing halfway between the prosecutor and the regular court. The danger of the institution lies precisely in this twilight zone of function which it occupies. The certification of a case for trial inevitably tends to confirm the criminal charge against the suspect, thus creating what may amount in practice to a strong presumption of guilt. The element of prejudgment involved constitutes a threat to the integrity of the trial in open court; the accused has, in effect, had a kind of half-trial in advance of the real trial, and this half-trial is conducted, not before but by a kind of half-judge who acts essentially as an inquisitorial court. In those countries where it is a part of the legal system, the role of the investigating magistrate continues to be a subject of some debate, and even where it is generally accepted, there is always some lingering concern lest it become the subject of inconspicuous abuse." Lon L. Fuller, Anatomy of the Law 38-39 (1968).

magister ad facultates

n. [Latin "master for permissions"] Eccles. law. 1. An officer who grants dispensations, as to marry or to eat meat on prohibited days. 2. MASTER OF THE FACULTIES.

magister bonorum vendendorum

n. [Law Latin "master for sale of goods"] Roman law. A master appointed by the creditors of an insolvent debtor to direct the sale of the debtor's property.

magister cancellariae

n. [Law Latin "master in chancery"] Hist. A master in chancery - so called because the officer was a priest.

magister libellorum

n. [Latin "master of written petitions"] Roman law. The chief of the imperial chancery bureau that handled petitions to the emperor.

magister litis

n. [Latin "master of a lawsuit"] Roman law. A person who directs or controls a lawsuit.

magister navis

n. [Latin "master of a ship"] Roman law. The master of a trading vessel.

magister palatii

n. [Latin "master of the palace"] Civil law. A master of the palace, similar to the English Lord Chamberlain.

magister societatis

n. [Latin "master of partnership"] Roman law. A person appointed to administer a partnership's business; a managing partner.

magisterial precinct

A county subdivision that defines the territorial jurisdiction of a magistrate, constable, or justice of the peace. -Also termed magisterial district.

magistralia brevia

n. [Law Latin "magisterial writs"] Hist. Magisterial writs, which were drafted by clerks of the chancery for use in special matters.

magistrate's court

See COURT

magistratic

adj. See MAGISTERIAL.

metropolitan stipendiary magistrate

English law. A stipendiary magistrate with jurisdiction in inner London areas. See stipendiary magistrate.

police magistrate

See MAGISTRATE.

stipendiary magistrate

English law. A salaried magistrate that per-forms either in the place of or along with Justices of the Peace, and is appointed from barristers and solicitors of seven years standing.

tithe of agistment

Hist. A church-levied charge on grazing land. ( The tithe was paid by the occupier of the land rather than the person whose cattle grazed on the land. See AGISTMENT.