Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late

Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...

''post-'', "after", and ''natus'', "born") is a legal

term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...

obsolete in many jurisdictions and, when current, used mainly in

British English British English (BrE, en-GB, or BE) is, according to Oxford Dictionaries, " English as used in Great Britain, as distinct from that used elsewhere". More narrowly, it can refer specifically to the English language in England, or, more broadl ...

meaning "inferior in rank". In the 18th and 19th-century legal world, the word was more often pronounced to distance it from its anglicized form ''puny'', an adjective meaning "weak or undersized".

Judicial usage

The judges and barons of the national common law courts at

Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...

, other than those having a distinct title, were called puisne. This was reinforced by the

Supreme Court of Judicature Act 1877 The Supreme Court of Judicature Act 1877 (40 & 41 Vict c 9) was an Act of the Parliament of the United Kingdom enacted to provide the structure of the ordinary judges of the Court of Appeal, the appellate division of the High Court of Justice ...

following which a "

puisne judge A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...

" is officially any of those of the High Court other than the

Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...

, the

Lord Chief Justice of England Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or a ...

, the

Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...

(and the abolished positions of Lord Chief Justice of the Common Pleas, and the

Lord Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who p ...

). Puisne courts existed as lower courts in the early stages in the judiciary in

British North America British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English colonisation of North America began in the 16th century in Newfoundland, then further south at Roanoke and Jamestown, ...

, in particular

Upper Canada The Province of Upper Canada (french: link=no, province du Haut-Canada) was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of th ...

and

Lower Canada The Province of Lower Canada (french: province du Bas-Canada) was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791–1841). It covered the southern portion of the current Province of Quebec and ...

. The justices of the Supreme Court of Canada other than the Chief Justice are still referred to as

puisne justice A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...

Puisne mortgages

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

, a puisne mortgage is a

mortgage A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any p ...

over an unregistered

estate in land An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to us ...

where the mortgagee (lender) does not take possession of the

title deeds A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

from the mortgagor (borrower) as

security Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...

. A puisne mortgage may be registered with

HM Land Registry His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strategy ...

as a Class C(i) Land Charge under the Land Charges Act 1972, although even if such a mortgage is registered it will not necessarily be enforceable. Puisne mortgages are generally a second or subsequent mortgage, and in the event of default of the mortgagor generally rank in the order of registration, not in the order in which they were created.Law of Property Act 1925, section 97
/ref>

References

*{{EB1911, wstitle=Puisne, volume=22, page=640 French words and phrases Judges French legal terminology Kinship and descent Legal concepts

Judicial usage

Puisne mortgages

See also

References