United Kingdom Encyclopedia of Law     Wiki Legal Encyclopedia (BETA)
What do you need to know about law? Search in more than 1.500.000 entries

Restitution in United Kingdom

Meaning of Monstrans de Droit (French Term)

The following is an old definition of Monstrans de Droit (French Term) [1]: Manifestation or plea of right. A method, at common law, of obtaining possession or restitution from the crown of either real or personal property. When the right of the party, as well as the right of the crown, appears upon record, that party shall have monstrans de droit, which is putting in a claim of right grounded upon facts already acknowledged and established and praying the judgment of the court, whether the king or his subject has the right. The remedy was extended by statutes to almost all cases where a subject based his claim against the crown upon an inquisition of office. When the evidence of the subject’s right was not of record, he formerly presented a ” petition de droit ” in which he set out the facts constituting his claim, whereupon a commission issued to inquire of the truth of the suggestion. Either proceeding could be prosecuted in the chancery or exchequer courts. The judgment, if against the crown, was that ‘of ouster le main or arftoveas jnanus.

Meaning of Restitution

The following is an old definition of Restitution [1]: Restoration to former condition or position. See Restitutio. Return of a thing to its owner: the act of making the return, or the proceeding or writ by which directed. At common law, when the judgment of a lower court is reversed, the court of review may specially order that the plaintiff in error be restored to whatever he has lost in consequence of the erroneous judgment. Any such order is part of the judgment in reversal. The judgment, in form, is, not only that the judgment of the court below be reversed, but that ” it is considered, that the defendant be restored to all things which he has lost on occasion of the judgment aforesaid; ” and the writ of restitution which is issued in pursuance of it, and in which the sheriff is commanded to levy the money of the chattels of the plaintiff below, or to arrest his person, is strictly an execution. In crimes, at common law, there was no restitution, because the indictment was in the name of the king. But by 21 Hen. VIII (1530), c. 11, on conviction of larceny, the prosecutor was to have restitution of the goods. That act was repealed by 7 and 8 Geo. IV (1827), c. 27, 29, which provides that the court may order restoration to the owner or his representative, from the thief or the receiver from him; but not so, if the thing stolen was a negotiable security, which has come into the possession of a bona fide holder, for value, without reasonable cause to suspect that the paper was stolen.

Resources

Notes and References

  1. Concept of Restitution 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)

Resources

Notes and References

  1. Concept of Monstrans de Droit (French Term) 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)

Concept of Restitution

Traditional meaning of restitution [1] in the English common law history: A writ issued in favor of a successful plaintiff in error, to restore to him all he has lost by the judgment; see 2 Tidd Pr. 1186. Restitution of conjugal rights: a suit in the English ecclesiastical courts by one party to a marriage, to compel the other to live with him or her.

Resources

Notes and References

  1. Based on A concise law dictionary of words, phrases and maxims, “Restitution”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Restitution.

See Also



Law is our Passion


This entry about Restitution has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Restitution entry and the Encyclopedia of Law are in each case credited as the source of the Restitution entry. Please note this CC BY licence applies to some textual content of Restitution, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing Restitution (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

Cite this entry

Legal Citations Generator

(2020, 08). Restitution lawi.org.uk Retrieved 06, 2021, from https://lawi.org.uk/restitution/

08 2020. 06 2021 <https://lawi.org.uk/restitution/>

"Restitution" lawi.org.uk. lawi.org.uk, 08 2020. Web. 06 2021. <https://lawi.org.uk/restitution/>

"Restitution" lawi.org.uk. 08, 2020. Accesed 06 2021. https://lawi.org.uk/restitution/

David Gordon, 'Restitution' (lawi.org.uk 2020) <https://lawi.org.uk/restitution/> accesed 2021 June 16

Usage Metrics

437 Views. 327 Visitors.

Google Scholar: Search for Restitution Related Content

 

Schema Summary

  • Article Name: Restitution
  • Author: David Gordon
  • Description: Meaning of Monstrans de Droit (French Term) The following is an old definition of Monstrans de Droit (French Term) [1]: [...]

This entry was last updated: August 31, 2020

RE



Recent Comments