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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - de allocatione facienda
Definition of de allocatione facienda
de allocatione facienda refers to a historical legal order issued in England, primarily directed to the officials of the Exchequer (the treasury department). Its purpose was to formally authorize certain government officers, such as those responsible for collecting taxes or managing royal assets, to allocate and spend specific public funds necessary for carrying out their official duties. This writ ensured that these officers would not be held personally responsible for legitimate expenditures made on behalf of the Crown, and that these funds would be properly accounted for in their official records.
Here are some examples to illustrate this concept:
Example 1: The Customs Collector's Operational Costs
Imagine a 17th-century customs collector in a busy port who was responsible for collecting duties on imported goods. To perform his duties effectively, he needed to pay the wages of his staff, cover the costs of maintaining the customs house, and occasionally hire temporary laborers to unload goods for inspection. Without proper authorization, these necessary expenses might be seen as personal outlays for which he could be held liable. A de allocatione facienda writ would be issued to the Exchequer, instructing them to allow the collector to draw funds from the public treasury for these specific, necessary operational costs, ensuring his accounts accurately reflected legitimate government spending rather than personal debt.
Example 2: The Sheriff's Administrative Expenses
Consider a sheriff in a medieval county who was responsible for maintaining law and order. This included the upkeep of the local jail, providing food for prisoners, and sometimes even paying for the transport of criminals to higher courts. These were essential public services, but the sheriff couldn't simply use his own money or be expected to cover these costs personally. A de allocatione facienda writ would authorize the Exchequer to provide the sheriff with the necessary funds to cover these administrative and logistical expenses, thereby legitimizing the use of public money for these purposes in his official accounts and protecting him from personal financial burden.
Example 3: The Royal Accountant's Estate Management
Suppose a royal accountant was tasked with managing a large royal estate, which involved significant expenses like repairing buildings, purchasing supplies for the estate's operations, or paying the salaries of estate workers. To ensure these expenditures were recognized as official and not personal debts incurred by the accountant, they would rely on a de allocatione facienda writ. This writ would serve as the formal instruction to the Exchequer to permit these specific allowances from the royal coffers, allowing the accountant to fulfill their duties without personal financial liability for official expenses and ensuring proper financial oversight.
Simple Definition
De allocatione facienda was a historical legal writ issued to the treasurer and barons of the Exchequer.
Its purpose was to authorize certain officers, such as accountants or customs collectors, to include funds for necessary payments within their official accounts.