In 111 of the larger towns in England and Wales there is held at least four times a year a Court of Quarter Sessions, which has the same criminal jurisdiction and adopts the same pro cedure as the Court of Quarter Sessions in a county. The judge of each of these courts Is called a Recorder. He is the sole judge of the court, for although the justices of the peace for the borough are often present on the bench, they take no part in the proceedings. A Re corder is appointed by the Crown on the recom mendation of the Home Secretary. He must be a barrister of not less than five years' standing. He is ex officio a justice of the peace for the borough. He may sit in Parliament for any other constituency but not for the borough for which he is Recorder. The Recorder of Lon don is judge of the Lord Mayor's Court, with a salary of $20,000. He is appointed by the King. There are 118 recorders in England and Wales, and five in Ireland.
In 18 of the largest cities or towns there exists also a Borough Court of Record of civil jurisdiction — such for instance as the Mayor's Court, London; the Court of Passage at Liver pool; the Salford Court of Record, and the Tolzey Court at Bristol. The jurisdiction of these courts is generally limited to causes of action arising within the borough, but unlim ited as to the amount which can be claimed in the action. In most of them the Recorder of the borough is the judge.
When our Plantagenet kings were firmly established on the throne, judicial power became more centralized. The King's Council gradu ally extended the scope of its operations. It acquired important judicial functions; it be came a court in which the King, in theory, was always present. From this council sprang grad ually the courts of King's Bench, Common Pleas and Exchequer; which for many centuries were the three Superior Courts of Common Law at Westminster.
Then as civilization advanced, it was found that the rigid rules of the common law required modification to meet special cases. Ancient cus tom had to yield to improved morality. The Lord Chancellor, who was at first an ecclesias tic, became 'the keeper of the King's con science.° He presided over the Court of Chancery, which soon assumed power to re suitors from °unconscientiously° enforc ing their strict legal rights. This Court of Equity, which usually sat in Lincoln's Inn, thus acquired control over the three courts of law at Westminster. Two systems of judicature in fact flourished side by side, which were in many respects at variance with each other. What was right at law was often wrong in equity. Judgment would be given on the same facts for the plaintiff in Westminster Hall, for the defendant in Lincoln's Inn.
By the end of the 18th century the Court of Chancery had become more technical, if that were possible, than the courts of common law themselves; its procedure had ceased to be elas tic; it would only grant relief in certain speci fied cases. A plaintiff, who had undoubtedly a strong moral claim, was constantly told that he had no equity. And both at law and in equity, cumbrous procedure, technical pleadings and preposterous rules of evidence caused the suitors much vexation of spirit, much unneces sary expense, and worst of all, intolerable de lay. °Lord Eldon and the Court of Chancery pressed heavily upon mankind° (Bagehot).
Attempts were made from time to time to deal with this state of things by legislation notably by the Common Law Procedure Acts of 1852 and 1854, the Chancery Procedure Act, 1852, and the Consolidated Orders in Chancery of 1845 and 1860. At last in 1873, Lord Sd borne, then Lord Chancellor, with the assistance of Lord Cairns, his opponent in politics, carried successfully through Parliament the Judicature Act, which came into force on 2 Nov. 1875. This act created the Supreme Court of Judica ture, which administers law and equity con currently. Its procedure is straightforward and simple. Every court now applies the same prin ciples of law and equity to the actual facts of the case; every court has power to grant what ever form of relief the nature of the case may require, whether legal or equitable. This was the greatest and most beneficial law reform of Queen Victoria's long reign. On 4 Dec. 1882 outward expression was given to this fusion of law and equity by physically uniting the courts in one building — the new Royal Courts of Justice.
The Supreme Court of Judicature is com posed of the Court of Appeal and the High Court of Justice. Thus the civil courts at pres ent are: The County Court, the Borough Court of Record, the High Court of Justice, the Court of Appeal, the House of Lords and the Judicial Committee of the Privy Council. The High Court of Justice is divided into the Chancery Division, the King's Bench Division and the Probate, Divorce and Admiralty Division.
The Chancery Division has now six judges who work in pairs, each pair having four mas ters and a staff of clerks working under them. The bulk of the work of the Chancery Division consists of the equity business, to which its or ganization is especially adapted. Its powers are, nevertheless, not confined to any particular subject-matter; it administers law as well as equity, though it never tries a case with a jury.