CERY

4 definitions found across Law Mind sources

CERYAuthored
The Law Mind • 877 words
Definition
An archaic abbreviated form of CHANCERY. As it appears in historical legal sources, "cery" functions as a clipped variant of the term denoting either (1) a court of equity — the court of the chancellor, in which equitable jurisdiction is exercised exclusively or chiefly — or (2) the administrative office associated with the High Court of Chancery in England, located in Chancery Lane, London, which maintained the rolls and records of that court. The term has no independent legal meaning apart from its function as a truncation of "chancery" in historical texts and record-keeping contexts.
Common Confusion
CERY / CHANCERY: Researchers encountering "cery" in historical manuscripts, abbreviations, or indexing systems should treat it as equivalent to "chancery" in all legal senses. It is not a distinct legal institution or concept. The confusion arises primarily in paleographic and archival contexts, where copyists and indexers abbreviated compound terms. Any doctrine, jurisdiction, or procedural rule attributed to "cery" in a historical source belongs to the broader body of chancery law.
Why It Matters in Research
This term is a research artifact rather than a substantive legal concept. Its primary significance is navigational: a researcher working with handwritten records, early printed digests, or abbreviated legal indices may encounter "cery" as a standalone heading or marginal notation and need to recognize it as a pointer to the chancery corpus. Several practical traps exist. First, historical legal dictionaries do not all cross-reference "cery" explicitly; the entries reproduced in the historical sources for this entry are substantively about chancery and its offices, with "cery" appearing only as a truncated label. A researcher who does not make this connection may fail to locate relevant doctrine. Second, because chancery itself evolved significantly — from a distinct English equity court to a division of the High Court of Justice following the Judicature Acts of 1873–1875, and into varying American equity court structures — sources indexed under "cery" may reflect any stage of that evolution. Dating the source is essential before applying any procedural or jurisdictional rule found under this heading. Third, in American jurisdictions, courts of chancery were adopted, modified, or abolished at different times; "cery" as a truncation may appear in early state records where the court still operated under English equity practice by reception. The Law Mind corpus connection runs deep here. Chancery produced a substantial body of procedural law — examiners, masters, rolls, injunctions, specific performance — all of which may be indexed or cross-referenced under abbreviated forms including "cery." Researchers should treat any "cery" citation as an entry point into the full chancery procedural and equitable doctrine corpus.
Historical Dictionary Support
The historical dictionaries consulted agree that the substantive content behind "cery" is the court and office of chancery. Burrill's Law Dictionary provides the most complete treatment, tracing the Latin (cancellaria), Law Latin (curia cancellaria), and Law French (chauncerie, chauncelrie, court de chauncellerie) antecedents, and notes that "chancery" is "sometimes used as a synonyme of equity, or proceedings in equity." This usage note is significant: it means that sources indexed under "cery" may be stating procedural rules, jurisdictional claims, or equitable doctrines that apply to equity proceedings generally, not only to the specific English court. Bouvier's Law Dictionary treats chancery in two distinct registers that a researcher will encounter under this heading: (1) the court of equity with broad equitable jurisdiction, tracing its name either to the chancellor or to the cancelli (bars) separating public and officers; and (2) the administrative office on Chancery Lane maintaining rolls and records, of which the Master of the Rolls is keeper. These are not the same institution, and conflating them produces errors when reading historical sources. Rapalje & Lawrence contributes the structural account of the Court of Appeal in Chancery — the Lord Chancellor sitting alone and the Lords Justices sitting together — which heard appeals from the Master of the Rolls, the Vice-Chancellors, and the London Bankruptcy Court. This appellate structure postdates the original chancery court and predates the Judicature Acts consolidation. Sources indexed under "cery" that describe this appellate body reflect a specific and transitional period of English equity court organization. What the historical dictionaries collectively miss: none explicitly treats "cery" as a standalone term requiring definition. Its appearance as an entry heading is itself a dictionary artifact — an abbreviation used by compilers rather than a term of art used by practitioners. Researchers should weight the substantive chancery doctrine in these entries heavily and treat the "cery" label as purely indexical.
Jurisdictional Note
In England, the court of chancery was absorbed into the Chancery Division of the High Court of Justice by the Supreme Court of Judicature Acts 1873–1875. In the United States, several states abolished separate equity courts and merged equity jurisdiction into courts of general jurisdiction, while others (notably Delaware) retained a distinct Court of Chancery. Historical sources under "cery" must be read against the specific jurisdiction and period they address.
Related Terms
Chancery — Equity — Court of Chancery — Master of the Rolls — Lord Chancellor — Lords Justices of Appeal — Judicature Acts — Rolls Court — Examiner in Chancery — Bill in Chancery — Equitable Jurisdiction — Court of Appeal in Chancery
CERYmain
Black's Law Dictionary • 1891
In English law. An office in Chan- cery Lane, London, which contains rolls and records of the high court of chancery, the master whereof is the second person in the chancery, etc. The rolls court was there held, the master of the rolls sitting as judge; and that judge still sits there as a judge of the chancery division of the high court of justice. Wharton. ROMA PEDITÆ. Pilgrims that trav- eled to Rome on foot. АСТ.
CERYmain
Bouvier's Law Dictionary • 1928
A court formerly existing in England and still existing in several of the United States, which possesses an extensive equity jurisdiction. The name is said by some to be derived from that of the chief judge, who is called a chancellor; others derive both names directly from the cancelli (bars) which in this court anciently separated the press of poople from the officers. See 8 Bla. Com. 46, n.; Story, Eq. Jur. 40; CANCELLARIUS. In American Law. A court of general equity jurisdiction. The terms equity and chancery, court of equity and court of chancery, are constantly used as syn- onymous in the United States. It is presumed that this custom arises from the circumstance that the equity jurisdiction which is exercised by the courts of the various states is assimilated to that possessed by the English courts of chancery. Indeed, in some of the states it is made identical therewith by statute, so far as conformable to our institutions. Separate courts of chancery or equity exist in a few of the states; in others, the courts of law sit also as courts of equity; in others, equitable relief is administered under the forms of the common law; and in others, the distinction between law and equity has been formally abolished or never existed. The federal courts exercise an equity jurisdiction as understood in the English courts at the time of the revolu- tion; Miller, Const. U. S. 318; independent of local state law; id.; 2 Sumn. 401; and the remedies are not according to state practice but as distinguished and defined in that country from which we derive our knowl- edge of those principles; 3 Wheat. 211. whether the state courts in the district are courts of equity or not; 2 McLean 568; 15 Pet. 9; 11 How. 669. In English Law. Formerly the highest court of judicature next to parliament. Prior to the judicature acts it was the sup- erior court of chancery, called distinctively "The High Court of Chancery," and con- sisted of six separate tribunals, viz. the court of the lord high chancellor of Great Britain; the court of the master of the rolls, or keeper of the records in chancery; the court of appeal in chancery, the three separate courts of the vice-chancellors. The jurisdiction of this court was four- fold. The common-law or ordinary jurisdic- tion. By virtue of this the lord-chancellor was a privy councillor and prolocutor of the house of lords. The writs for a new parliament issued from this department. The Petty Bag Office was in this jurisdic- tion. It was a common-law court of rec- ord, in which pleas of scire facias to repeal letters-patent were exhibited, and many other matters were determined, and whence all original writs issued. See 11 & 12 Vict. c. 94; 12 & 13 Vict. c. 109. The statutory jurisdiction included the power which the lord-chancellor exercised under the habeas corpus act, and by which he inquired into charitable uses, but did not include the equitable jurisdiction. The specially delegated jurisdiction in- cluded the exclusive authority which the lord-chancellor and lords justices of appeal had over the persons and property of idiots and lunatics. The equity or extraordinary jurisdiction was either assistant or auxiliary to the com- mon law, including discovery for the pro- motion of substantial justice at the com- mon law, preservation of testimony of persons not litigants relating to suits or questions at law, removal of improper im- pediments and prevention of unconscien- tious defences at common law, giving effect to and relieving from the consequences of common-law judgments; concurrent with the common law, including the remedial correction of fraud, the prevention of fraud by injunction, accident, mistake, account, dower, interpleader, the delivery up of documents and specific chattels, the spe cific performance of agreements; or exclu- sive, relating to trusts, infancy, the equi- table rights of wives, legal and equitable mortgages, the assignment of choses in action, partition, the appointment of re- ceivers, charities, or public trusts. Whart. Law Dict. By the Judicature Acts (q. v.) this court was merged in the supreme court of judica- ture, and all its jurisdiction vested therein. The inferior courts of chancery are the equity courts of the Palatine Counties, the courts of the Two Universities, the lord- mayor's courts in the city of London, and the court of chancery in the Isle of Man. See 18 & 19 Vict. c. 48, and the titles of these various courts. Consult Story, Eq. Jur.; Dan. Ch. Pr.; Spence, Eq. Jur.; COURTS OF EQUITY; EQUITY.
CERYmain
Bouvier's Law Dictionary • 1928
One of the offices of the High Court of Chancery now transferred to the High Court of Justice, the principal official being the Clerk of the Crown in Chancery. Byrne's L. Dict. See JUDICATURE ACTS; COURT OF CHANCERY; CLERK OF THE CROWN

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In