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OYER AND TERMINER

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Originally appearing in Volume V20, Page 424 of the 1911 Encyclopedia Britannica.
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OYER AND TERMINER , the Anglo-See also:

French name, meaning " to hear and determine," for one of the commissions by which a See also:judge of See also:assize sits (see AssizE). By the See also:commission of oyer and terminer the commissioners (in practice the See also:judges of assize, though other persons are named with them in the commission) are commanded to make diligent inquiry into all treasons, felonies and misdemeanours whatever committed in the counties specified in the commission, and to hear and determine the same according to See also:law. The inquiry is by means of the See also:grand See also:jury; after the grand jury has found the bills submitted to it, the commissioners proceed " to hear and determine " by means of the See also:petty jury. The words oyer and terminer are also used to denote the See also:court which has See also:jurisdiction to try offences within the limits to which the commission of oyer and terminer extends. By the See also:Treason See also:Act 1708 the See also:crown has See also:power to issue commissions of oyer and terminer in See also:Scotland for the trial of treason and See also:misprision of treason. Three of the lords of See also:justiciary must be in any such commission. An See also:indictment for either of the offences mentioned may be removed by certiorari from the court of oyer and terminer into the court of justiciary. In the See also:United States oyer and terminer is the name given to courts of criminal jurisdiction in some states, e.g. New See also:York, New See also:Jersey, See also:Pennsylvania, and See also:Georgia.

End of Article: OYER AND TERMINER

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