NUPER VICECOMES

2 definitions found across Law Mind sources

NUPER VICECOMESAuthored
The Law Mind • 568 words
Definition
Latin: "former sheriff." Nuper vicecomes designates a sheriff who has left office — specifically, an ex-sheriff against whom certain legal process could be directed after the expiration of his term. The term appears in older English common law procedure in connection with writs addressed to or concerning a sheriff's successor, particularly where the outgoing sheriff retained obligations or liabilities arising from his time in office.
Why It Matters in Research
This term surfaces almost exclusively in procedural contexts within historical English common law sources. Researchers encountering nuper vicecomes in older pleading records, writ collections, or treatises on sheriffs should expect it to appear in connection with the writ of distringas — a writ used to compel a person to do something (or answer for a failure to act) through seizure of goods. Rapalje & Lawrence directs the reader to the distringas entry for substantive detail, signaling that nuper vicecomes is best understood as a term of procedural art rather than a standalone substantive concept. The practical research trap: because nuper vicecomes describes a status (former officer) rather than a cause of action or crime, it will not anchor a case on its own. It appears as a descriptor within writ language, plea rolls, and sheriff's records. In digitized historical corpora, searching the Latin form directly is more reliable than searching English translations, as "ex-sheriff" and "former sheriff" were not consistent renderings in period sources. Researchers working on questions of official liability, the transfer of duties between successive sheriffs, or the execution of process should trace this term into the broader procedural literature on the shrievalty — particularly materials governing what unexecuted writs or unresolved duties carried over when a sheriff's term ended. The intersection of nuper vicecomes with distringas practice reflects a recurring problem in English local administration: accountability for official acts that outlasted the official's tenure. No American procedural analog uses this Latin designation. By the time American legal practice developed its own sheriff's law, the Latin writ vocabulary had largely been abandoned or translated into English forms. Researchers in American jurisdictions will find this term relevant only in historical studies of colonial or early reception-era procedure borrowing from English forms.
Historical Dictionary Support
Rapalje & Lawrence provide a minimal but accurate entry: "An ex-sheriff," with a cross-reference to distringas. The brevity is telling — the term carried no contested meaning and required no elaboration beyond its Latin translation and procedural context. No historical divergence among sources is detectable, as the term's meaning is fixed by its Latin components (nuper, "recently" or "formerly"; vicecomes, "sheriff," literally "viscount" or "vice-count") and its narrow procedural function. What historical dictionaries do not supply: any account of the specific writ mechanics that made the designation legally significant, or how courts resolved disputes over which sheriff — the incumbent or the nuper vicecomes — bore responsibility for a given act of process. That functional detail must be sought in treatises on sheriffs and in the Year Books or plea roll records where distringas practice is documented.
Jurisdictional Note
Nuper vicecomes is a term of English common law procedure with no direct counterpart in modern American, Canadian, or other common law jurisdictions. It is relevant to legal history research and to reading historical English legal documents, not to contemporary practice in any jurisdiction.
Related Terms
Distringas Vicecomes Sheriff Ex-officio Shrievalty Writ of execution Official liability
NUPER VICECOMESmain
Rapalje & Lawrence • 1883
- An ex-sheriff. See DISTRINGAS, § 3. NUPTIAL.-Pertaining to marriage; constituting marriage; used or done in marriage. Nuptias non concubitus sed consensus facit (Co. Litt. 33): Not cohabitation but consent makes the marriage.

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