HUSTINGS - The Law Mind Legal Dictionary

HUSTINGSAuthored

The Law Mind • 1062 words

Definition

HUSTINGS has two historically distinct legal meanings that over time collapsed into a single surviving sense.

1. A court of law. In English law, the Court of Hustings was a local court held before the lord mayor and aldermen of the City of London, recognized as the principal and supreme court of that city for certain matters, particularly actions for the recovery of land within the city limits. Similar courts bearing the same name existed at York, Winchester, Lincoln, and other English municipalities. The court was held within a building — an administrative fact that gave rise to the name, distinguishing it from courts that convened in the open air.

2. The place or platform for parliamentary elections. The hustings also referred to the raised platform from which candidates for seats in Parliament addressed constituents and from which election results were declared. By extension, the term described the polling apparatus and proceedings of an election generally. This usage was operative in both English and Canadian law during the period when elections were conducted by open public polling rather than secret ballot.

The judicial meaning is now obsolete. The electoral meaning, in its figurative form, survives in common English.

Common Language

Modern common usage (Wiktionary): A platform where candidates give election speeches; an election campaign.

Historical common usage (Webster's 1913): A court formerly held in several cities of England, especially the court in London held before the lord mayor, recorder, and sheriffs, to determine suits for recovery of lands within the city. Also, temporary courts held for the election of members of Parliament, and the platform from which candidates addressed electors.

The gap here runs in reverse from the usual direction: common usage has preserved the electoral sense while shedding the judicial one entirely. A modern reader encountering "hustings" in everyday language will think only of campaigning and speeches. A researcher encountering the term in historical legal sources must first determine which meaning applies — court or election platform — before the source makes sense. The judicial meaning was the technically precise legal usage; the electoral meaning, now the only survivor, was once considered the secondary or colloquial one.

Common Confusion

Researchers sometimes treat "hustings" as a single stable concept across historical sources. It is not. A reference to the Court of Hustings in a London legal record addresses a judicial tribunal with defined subject-matter jurisdiction over real property actions within the city. A reference to "the hustings" in a parliamentary election context addresses polling procedure and the physical infrastructure of elections. Conflating these produces significant interpretive error. The Anderson's entry in this corpus illustrates the hazard from the other side — the term appears in a source without a substantive entry, suggesting that even contemporary legal dictionaries did not always maintain clean definitional separation.

Why It Matters in Research

Temporal and contextual disambiguation is essential. Sources predating the Ballot Act 1872 (which introduced secret ballot in British elections) will use "hustings" in the electoral-procedural sense to describe public, oral, open-air polling events — a practice now completely foreign. Post-1872 sources use the term almost entirely in metaphor. Sources from the medieval and early modern periods are more likely to invoke the court meaning, especially in connection with London property disputes or municipal governance records.

Canadian law researchers should note that Bouvier's expressly flags Canadian usage of the electoral sense, reflecting the shared British electoral inheritance. Pre-Confederation and early post-Confederation Canadian election records may use the term in its technical procedural sense for election tribunals and polling courts, not merely as rhetorical shorthand.

The court meaning carries jurisdictional specificity: the London Court of Hustings had a defined and limited geographic and subject-matter reach. Do not treat references to it as interchangeable with references to other London courts (such as the Mayor's Court or the Court of Common Pleas). Coke's Second Institutes (cited in Bouvier) and St. Armand's historical essay are the key primary authorities for the court's structure and jurisdiction — these are genuine historical sources and the appropriate starting points for deep research on the judicial meaning.

The term's disappearance from modern legal dictionaries as a live entry is itself a research signal: it marks the boundary between historical English and colonial legal procedure and modern practice.

Historical Dictionary Support

Black's (1st and 2nd editions) treat the two meanings as connected under a single entry, leading with the court definition and appending the electoral platform meaning. Both editions offer the explanatory note about buildings versus open-air courts, which is historically useful but should be treated as conventional narrative rather than documented etymology. Bouvier is the most precise of the shelf sources, correctly identifying the London court's relationship to the lord mayor and aldermen and flagging the Canadian usage — a valuable jurisdictional pointer absent from Black's. Anderson's does not provide a substantive entry for the term, which is itself notable given Anderson's breadth: the gap suggests the term was already receding from active American legal practice at the time of that dictionary's compilation. Webster's 1913 is unusually informative here, correctly characterizing the London court as having become "unimportant" by the time of publication — a reminder that dictionary dates matter when assessing a term's vitality.

None of the historical dictionaries squarely address the question of what happened to the court meaning after law reform, or when the electoral meaning overtook it in popular and legal usage. Researchers tracing that transition will need to go beyond the shelf sources.

Jurisdictional Note

The judicial meaning of hustings is specific to English (and by inheritance, some colonial) legal systems and has no American counterpart. The electoral meaning had Canadian legal application in pre-Confederation and early Dominion period election law. Neither meaning carries operative force in contemporary U.S., Canadian, or English law.

Encyclopedia Cross-Reference

See Law Mind Encyclopedia — English Local Courts (for the court meaning and its jurisdictional limits within London municipal governance); Parliamentary Elections (Historical) (for the electoral platform and open-ballot polling context).

HUSTINGSmain

Black's Law Dictionary • 1891

Council; court; tribunal. Apparently so called from being held within a building, at a time when other courts were held in the open air. It was a local court. The county court in the city of London bore this name. There were hustings at York,

HUSTINGSmain

Anderson's Dictionary of Law • 1890

passed to the husband upon marriage, she was deprived of this means of supporting her children, and all legal duties growing out of the marriage were imposed upon him. Even where the wife possesses separate property, it has been held, independently of statutory obligation, that she is not compelled to support the children of the marriage.1 See EARNINGS, Separate. She is always under his power. Hence, the disabilities and safeguards the law places around her. He is liable for her frauds, torts, and breaches of trust.2 He, she, or both, may have a remedy for an injury to her person or reputation, - the right of action in herself alone being given by statute. Unless the existing claims of creditors are thereby impaired, his settlement of property upon her is valid. And he may now make the transfer directly to her, instead of through a third person. An ante-nuptial settlement upon her is valid, if the consideration is legal, and she is not a participant in a fraud intended upon creditors. See SETTLE, 4. A gift between them is invalid as against creditors.. She is now the owner of her separate estate, as if a feme sole, in most of the States, the common-law rule having been greatly relaxed." But if she allows her money to go into his business, and be mixed with his property, and he uses it for purposes of credit, the property all becomes his and he cannot convey it back in fraud of creditors. See SEPARATE, 2. And her separate estate may be held for improvements which she permits him, being insolvent, to make to it. Either may act as agent for the other, with or without compensation; and the husband's creditors, where he so uses his skill without an agreement for remuneration, are not thereby defrauded. 10 He has an action for enticing her away, even as against a parent. Proof of something done tending to 1 Gleason v. City of Boston, 144 Mass. 27 (1887). Trust Co. v. Sedgwick, 97 U. S. 308 (1877); 2 Kent, 149; 4 Saw. 603. • Shaddock v. Clifton, 22 Wis. 110 (1867): 94 Am. Dec. 591-94 (1888), cases. Jones v. Clifton, 101 U. S. 225 (1879), cases; Clark v. Killian, 103 id. 766 (1880). • Prewit v. Wilson, 103 U. S. 24 (1880), cases. • Spelman v. Aldrich, 126 Mass. 117 (1879), cases. Radford v. Carwile, 13 W. Va. 576, 85 (1878), cases; Vail v. Vail, 49 Conn. 52 (1881), cases; McClellan v. Filson, 44 Ohio St. 190 (1886); 20 Am. Law Rev. 356 (1886), • Humes v. Scruggs, 94 U. S. 27 (1876), cases. Her contracts, under statutes, 19 Am. Law Rev. 359-79 (1885), cases. 23 Cent. L. J. 293 (1886), cases. 10 See generally, wife as husband's agent, 31 Alb. Law J. 206-7 (1885), cases; he as her agent, with compensation, 30 id. 444-45 (1885), cases; without compensation, King v. Voos, Sup. Ct. Oreg. (1887), cases; 26 Am. Law Reg. 246, 250-53 (1887), cases; 26 Cent. Law J. 259-62 (1888), cases. As to his carrying on business in her name, after she pays some bills, 26 Am. Law Reg. 781-84 (1887), cases. prevent or dissuade her from living with him is necessary.1 She may sue a person who maliciously induces him to abandon her, for damages for the loss of support and of his society. See CONSORTIUM. Either person may prove the marriage collaterally. She cannot be compelled to incriminate him. In bigamy, the lawful wife cannot prove the marriage. Neither can testify as to a confidential communication, except by consent. Under enabling statutes, either may testify for or against the other. In suits by or against a stranger, they may contradict each other. In divorce proceedings, their testimony is closely scrutinized. In the Federal courts she is not a competent wit ness for or against him in a criminal case, on the score of public policy." See also ABANDON, 2 (1); ABDUCTION; ACKNOWLEDG MENT, 2; ADULTERY; BIGAMY; COERCION; COHABITATION; COMMUNICATION, Privileged, 1; CONDONATION; COVERT; CRUELTY, 1; CURTESY; DESERTION, 1; DISABILITY; DIVORCE; DOWER; DOWRY; ELOPEMENT; ENTIRETY; FAMILY; FEME; HEIR, 1; JOINTURE; KIN, Next of; MARRIAGE; NECESSARIES, 1; PARAPHERNALIA; PIN-MONEY; QUARANTINE, 1; RELATION, 3; RELICT; UNITY, 2; WHIPPING-POST; WIDOW; WIFE; WITNESS; 1. A temporary court held for the election of members of parliament; also a court held in London before the lord mayor, recorder, and sheriffs, with jurisdiction over actions for the recovery of land within the city, except by ejectment.6 "Hustings (hustengum) is a court of common pleas held before the mayor and aldermen of London, and it is the highest court they have, for error or attaint lies there of a judgment or false verdict in the sheriff's court. Other cities and towns have had a court of the same name."" 2. A local court in Virginia. The Hustings Court of the city of Richmond has exclusive original jurisdiction of all presentments, indictments and informations for offenses committed within the city (except prosecutions against convicts in the penitentiary), and concurrent jurisdiction of 1 Bennett v. Smith, 21 Barb. 441 (1856); Modisett v. McPike, 74 Mo. 639 (1881). 2 Westlake v. Westlake, 34 Ohio St. 626-31 (1878), cases. Effect of abandonment on her power to contract, 20 Am. Law Reg. 745-53 (1887), cases. $1 Whart. Ev. §§ 421-33, cases; 1 Greenl. Ev. §§ 33347, cases. United States v. Jones, 32 F. R. 569 (1887); id. 571, note. See generally 25 Am. Law Reg. 353-65, 417-31 (1886), cases. A. S. husting, a place of council: hus, house; thing, cause, council. See 3 Bl. Com. 80; 3 Steph. Com. 293, note. Termes de la Ley (1721).

HUSTINGSmain

Bouvier's Law Dictionary • 1928

In English Law. The name of a court held before the lord mayor and aldermen of London: it was the prin- cipal and supreme court of that city. See Co. 2d Inst. 327; St. Armand, Hist. Essay on the Legisl. Power of England 75. The place of meeting to choose a member of parliament. The term is used in Canadian as well as English law. Formerly the manner of conducting an election in Canada and Eng- land for a member of the legislative body was substantially as follows. Upon war- rant from the proper officer, a writ issued from the clerk of the crown in chancery, directed to the sheriff, registrar, or other returning officer of the electoral division. He thereupon issued and posted in public places a proclamation appointing a day, place, and hour for his holding an election, and also fixing a day when a poll would be opened, if one were demanded and granted. The first day was called nomination day. On this day he proceeded to the hustings, which were in the open air and accessible to all the voters, proclaimed the purpose of the election, and called upon the electors present to name the person they required to represent them. The electors then made a show of hands, which might result in an election, or a poll might be demanded by a candidate or by any elector. On such de- mand, a poll was opened in each township, ward, or parish of the election district, at the places prescribed by statute. Now, however, by statute 35 & 36 Vict. c. 33, the votes are given by ballot in accordance with certain fixed rules. It is also applied to a local court in Vir- ginia. Va. Code, 1887, § 3072; 6 Gratt. 696.

HUSTINGSn.

Websters Unabridged Dictionary (1913) • 1913

A court formerly held in several cities of England; specif., a court held in London, before the lord mayor, recorder, and sheriffs, to determine certain classes of suits for the recovery of lands within the city. In the progress of law reform this court has become unimportant. Mozley & W. Any one of the temporary courts held for the election of members of the British Parliament. The platform on which candidates for Parliament formerly stood in addressing the electors. [Eng.] When the rotten hustings shake In another month to his brazen lies. Tennyson.

hustingsnoun

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

A platform where candidates in an election give speeches; a husting. | An election campaign.

hustingsnoun

Wiktionary (English) • 2026

plural of husting

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