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General

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GENERAL.] The proceedings in the Court of Chan cery are conducted by Bill and Answer. But besides the jurisdiction, of which a sketch has been given above, a summary jurisdiction, upon Petition only, has been given to Courts of Equity in certain cases by acts of parliament. The principal cases in which this summary jurisdiction has been granted are those where trustees or mortgagees die without heirs or leaving infant heirs, or where trustees are out of the jurisdiction, or refuse to convey pro perty to the persons beneficially entitled to it. In these, and many similar cases, the court is empowered, upon petition of the parties beneficially interested, to di rect a conveyance or assignment of the property held in trust or on mortgage by the infant, or in case of a trustee having died without heirs, or being out of the jurisdiction of the court, or refusing to convey, to appoint some other person to convey in his place. The principal sta tutes relating to this branch of the ju risdiction of the court are, 1 Wm. IV. C. 47, 1 Wm. IV. c. 60, 1 Wm. IV. c. 65, 4 & 5 Wm. IV. c. 23, 5 & 6 Wm. IV. c. 17.

The stat. 52 G. III. c. 101 gives the court a summary jurisdiction in cases of abuse of charitable trusts. The court also appoints guardians for infants upon petition merely.

The jurisdiction exercised in Chancery over infants and charities is partly derived from the general equity jurisdiction, and partly from acts of parliament. (As to the origin of the jurisdiction over infants, see Coke upon Litt., by Hargrave, 88 b. n. 16 ; 2 Fonbl. on Eq., p. 226, 232.) The jurisdiction over infants is exer cised principally in directing maintenance to be given them out of the property which they will enjoy on attaining their full age ; in appointing and controlling guardians of them ; and in providing suitable marriages for them.

A distinct part of the business in Chan cery, though but a small part, arises from what is called the common law jurisdiction of the Court of It has chiefly respect to actions by or against any officer or minister of the Chaucer}, and to judicial proceedings respecting the acts of the king, when complained of by a subject. 3 Black stone, Com. 48.

In actions depending in the Court of Chancery by virtue of its common law jurisdiction, the court has no power to try issues of fact. For this purpose the record of the pleadings must be delivered to the Court of King's Beuch, and that court will have the issues tried by jury, and give judgment in the actions: and, from a judgment on demurrer in this court, it is said that a writ of error lies to the Court of King's Bench.

To the common law jurisdiction of the Court of Chancery belongs the power of issuing certain tents; particularly the writ of habeas corpus, and the writs of certiorari and prohibition, for restraining inferior courts of justice from assuming unlawful authority. (1 Madd. Chanc. 17, &c.) The place where the common law jurisdiction of the Court of Chai eery is exercised is the petty bag office ; which is kept solely for this purpose. No rt of the equity business of the Court of ( han eery is carried on there.

The Court of Chancery, in respetct of its common law jurisdiction, is said to be a court of record, which, as a cou,rt of equity, it is not. (Spelm. Gloss. Bl. Com. 24.) 1 "In this ordinary or legal court," says Blackstone (vol. Hi. 49), "is kept officina justitie, out of which all on nal writs that pass the great seal, all 1 tters patent, and all commissions of chari ble uses, bankruptcy, sewers, idiotcy, lu y, and the like do issue." The original writs, however, is now nu quent. These writs, which were r merly the foundation of all actions in the courts of law at Westminster, hat, with few exceptions, been abolished y 1,1 recent statutes. Commissions of ban k- ruptcy also are now never issued, owi g to the late alterations in the bankrupt law. [BANKRUPT.

The principle of the High Court if Chancery in England has led to the es blishment of courts of equity in the * tish dominions and dependencies. Sor e of these are called Courts of Chance • In each of the counties palatine of La caster and Durham, and also in Irelan i la there is a court so named, which dispen the same equity within the limits of jurisdiction, as the High Court of Chat eery. By 6 & 7 Wm. IV. c. 19, the pal a tine jurisdiction of Durham was separat from the bishopric and vested in the ki g, but the courts were expressly reserve id. In the Irish Court of Chancery the Lo ltd Chancellor for Ireland presides. Fror, n these courts the appeal is immediately to the House of Lords.

In most of our colonies there are Courts of Chancery (Howard's Laws °jibe Cola ales). From the colonial courts an appeal now lies to " the judicial committee of the Privy Council." (Stat. 2 & 3 Wm. IV. c. 92.) There are Chancery Courts in some of the states which compose the North American Union.