APPEAL, in the civil procedure of courts of justice, signifies the removal of a suit from one court or judge to another and higher court or judge, in order that the latter may examine the validity of time former's judgment, either affirming or reversing, altering or varying the judgment. A., however, is not a technical term in the procedure of the English and Irish common-law courts. For many years past, a reconstitution of the English courts of law and equity has been impending, and has now in the main been carried out. Meanwhile it seems convenient to abide by the names and divisions hitherto in use in appeals; the subject can readily be traced under either system of nom enclature.
1. In the courts of equity (or of chancery), where there is an A. from the judgment of the master of the rolls, and from the vice-chancellors, or rather, as those judges form part of time chancery division of the high court of justice, the A. lies from such division to the new court of appeal generally; the jurisdiction of the house of lords being retained in 1875, so far as regards all appeals from the various courts and divisions V. the high court of justice. The construction of the latter court, as also of the new court of appeal, is given under the article Common Law, Courts of (q.v.).
2. In the courts of bankruptcy, the judgments of which may be appealed from now directly to the chancery division, and ultimately to the house of lords, under certain restrictions.
3. In the probate division, there is an A. to the court of A., with leave of the court. In the procedure of this tribunal there is also an A. from the county court, where such court has jurisdiction, to the probate division itself, whose judgment is final, unless with leave of the court.
4. In the court of divorce and matrimonial causes, the decision of the judge ordinary, sitting alone, may be appealed to the court of A. for the present. And in the case of a decree dissolving a marriage, there may be an A. to the court of A.
5. In the admiralty courts there is an A. to the court of A., as the jurisdiction in admiralty causes is merged in the division of the high court of justice called the pro bate, divorce, and admiralty division, and which stands on the sane footing towards the supreme court as the other divisions.
6.- There is also an A. to the privy-council (to be merged in the court of A.), from • the courts of India and from the colonial courts generally; and such A. includes the sentences, not only of courts of primary jurisdiction, but also of courts of A. in the colonies, and all the dependencies of the crown;* in applications to prolong the term of * As to colonial causes, we are informed by Blackstone that the jurisdiction of the privy-council was " both original and appellate. Whenever a question arises between two province,: out of the realm, as concerning the extent of their charters and the like, the king in his council exercises original jurisdiction therein, upon the principles of feudal sovereignty. And so likewise, when any person claims an island or a province, in the nature of a feudal principality, by grant from the king or his ancestors, the determination of that right belongs to the king tor queen) In council. as was the case of the earl of Derby, with regard to the isle of Mau, in the reign of queen Elizabeth, and the earl of Cardigan and. Others, as representatives of the duke of Montague, with relation to the island of St. Vincent, in 1764." patents for new inventions; and in making orders in certain cases relative to copyright, pursuant to the provisions of the copyright acts.
Practically, however, as we are told by Mr. Stephen in his commentaries, all judicial authority of the privy-council was long exercised by a committee of privy-councilors, called the judicial committee of the privy-council; who heard the allegations and proofs, and made their report to her majesty in council, by whom the judgment in the final instance is given.