Commence

Commence in United Kingdom

Meaning of Commence

The following is an old definition of Commence [1]: In several uses has a somewhat technical import: Commencement of a building. Work done on the ground the effect of which is apparent. See further Building. Commencement of an action, prosecution, or suit. Such inception of judicial proceedings as affects the several defendants; as saves the cause from the bar of the statute of limitations, see, in this resource, the term; or as assures the jurisdiction, when collaterally questioned. In civil actions, at common law, suing out or issuing the writ ” commences ” an action; in equity practice, filing the bill, or, perhaps, issuing and endeavoring to serve the subpoena; under codes of procedure, service or publication of the summons. See Brought. Before an action can be commenced, the cause of action must be complete,- the day for payment must have passed, a precedent condition must have been performed; the plaintiff must have the necessary privity, and as against the particular defendant; in the case of a tort there must be a legal injury (see this term in this resource), and, possibly, the act must not amount to an untried felony; where there is a breach of a public duty, particular damage must have resulted to the plaintiff. Commencement of an indictment. The most common form (derived from England) is “The jurors of the people of the State of, in and for the body of the county of, upon their oath present,” etc. Compare Caption.

Resources

Notes and References

  1. Concept of Commence provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *