Order in United Kingdom

Meaning of Order

The following is an old definition of Order [1]: A command, direction, mandate. 1. An informal note requesting the payment of money, or the delivery of personalty, to a person named or to the bearer of the note. The word does not import exclusively a written instrument. On a promissory note, bill of exchange, or check, makes the paper negotiable (see, in this resource, the term), although impersonal words are used. By the law-merchant, the purchaser of negotiable paper, payable to order, unless it be indorsed by the payee, takes the paper subject to any defense the payor may have against the payee. In statutes against forgery, a written direction addressed by one who either has in fact, or in writing professes to have, control over a fund or thing, to another who either purports in the writing to be imder obligation to obey, or who is in fact under such obligation, commanding him how to appropriate the fund or thing. There are two kinds of orders: such as are orders on their face; and such as may be shown to be orders by averment and proof. See Store-orders. 2. Any direction of a court, other than a judgment or decree, made in a cause. The judgment or conclusion of the court upon any naotion or proceeding. An ” order ” is a decision made during the progress of the cause, either prior or subsequent to final judgment, settling some point of practice or some question collateral to the main issue, and necessary to be disposed of before such issue can be passed upon by the court, or necessary to be determined in carrying into execution the final judgment. A “final judgment” is the determination of the court upon the issue presented, which ascertains and fixes absolutely and finally the rights of the parties in the particular suit in relation to the subject-matter of the litigation, and puts an end to the suit. An “order” is interlocutory, and made on motion or petition. A ” decree ” is final, and made at the hearing of the cause. Cautionary order. See Caution. Charging order. In England, an order granted to a judgment creditor, that property of his debtor in public stocks shall stand charged with the payment of the amount of the judgment, with interest and costs. See Stop Order, 1. Decretal order. An order which, from a direction contained in it, may terminate the particular suit, like a decree made at the hearing. Interlocutory order. An order made during the progress of a suit upon some incidental matter. Opposed, final order. See Interlocutory. Order nisi. A conditional order, to become absolute unless something be done by a specified time. See Rule, 2, Absolute. Order of filiation. See Filiation. Stop order. (1) In English practice, an order in aid of a “charging order” (see, in this resource, the term); granted, in certain cases, by a vice-chancellor, upon a fund in chancery. (2) An order given to a broker to await a certain figure in the price of a particular bond or stock before he buys or sells, and then to “stop” buying or selling, as the case may be. Usually signifies that the broker has received and is bound to obey a direction of his principal to sell at a price prescribed, when that price is reached. The order may describe the price by referring to circumstances and contingencies; a definite figure need not be named. 3. A rule of court. whence (the word(s) which follow it are derivatives from the same root word) general and special orders. See Rule, Of court. 4. Conduct, demeanor; usually, good order, public order: quiet behavior, peaceable deportment. See Disorder; Peace, 1.

Resources

Notes and References

1. Concept of Order 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)