The Lord Chief Justice of England, assisted by 15 puisne (i.e., junior) judges, conducts the business of the King's Bench Division. These judges try civil causes either with or without a jury; they preside at the Assizes, civil and criminal, all over England and Wales; they hear appeals from County Courts and magis trates, and prohibit all inferior tribunals from exceeding their jurisdiction.
In the Probate, Divorce and Admiralty Divi sion there are two judges who decide as to the validity of wills, grant divorces and manage the admiralty business of the country. One of them is styled the °President)) of the Division.
The rules of court made under the Judica ture Act have defined the procedure in the High Court of Justice, which is simple and elastic. A Master now decides all interlocutory matters on a summons• for directions, e.g., whether the action shall proceed with or without pleadings, with or without a formal trial, with or without discovery of documents and interrogatories as the nature of the case requires. Every amend ment in any record, pleading or proceeding that is requisite for the purpose of deciding the real matter in controversy can be made at any stage of the proceeding.
The Court of Appeal is composed of the Master of the Rolls and five Lords Justices, with the occasional assistance of the Lord Chancellor, the Lord Chief Justice of England, and the President of the Probate, Divorce and Admiralty Division.
The Lord Chief Justice of En land, the Mas ter of the Rolls, and the Lords Justices are ap pointed by the Prime Minister; the puisne judges of the High Court of Justice are ap pointed by the Lord Chancellor. The latter is ex officio chairman of the House of Lords and has a seat in the Cabinet. He goes out of office with the government. (See Lord High Chan cellor).
From the decision of the Court of Appeal, appeal lies to the House of Lords — to the judicial body known by this name, not to the legislative assembly. An ordinary peer of the realm can no longer sit in the House of Lords when it is exercising judicial functions. The Judicial Committee of the Privy Council hears appeals in ecclesiastical matters and also from the colonies. These appellate courts will prob ably soon be merged in one; they have been strengthened by the appointment of six paid Lords of Appeal in Ordinary. A Court of
Criminal• Appeal was established in 1907, to which any person convicted on indictment may appeal on a question of law, or, by leave, on a question of fact, or against the sentence unless that is fixed by law. But there is no power to order a new trial.
The criminal courts now are: The Magis trate's Court, the Borough Quarter Sessions, the County Quarter Sessions, the Assizes, the Central Criminal Court, the King's Bench Di vision of the High Court of Justice and the Court for the consideration of Crown Cases Reserved.
The proceedings usually commence with a summons, bidding the accused appear in court before the magistrates on a certain day: in some cases a warrant will be issued at once for his arrest. Simple matters are disposed of sum marily by the magistrates. Graver cases are sent for trial to Quarter Sessions or to the Assizes. In these graver cases, the prosecution states in detail the precise charge against the prisoner in a pleading which is called an indictment. i This is laid before a grand jury; and the ac cused will not be put on his trial unless the grand jury think that there is a case against him fit to be tried. If the grand jury is of this opinion they return the indictment into court, marked "True bill,>> and the ,prisoner is then arraigned. In some few cases the prisoner must state his defense in a written plea; but, as a rule, he merely pleads or orally from the dock. If he pleads eguilty,e or if after pleading "not guilt? he is tried and convicted, he may be sentenced to fine, im prisonment, or death, according to the nature of the crime which he has committed.
The Central Criminal Court—better known as the Old Bailey — tries all treasons, felonies and misdemeanors committed in the Metro politan district or within the jurisdiction of the admiralty. The lighter crimes are usually dis posed of by the Recorder of London or the Common Sergeant; the graver by a judge of the High Court, who attends for the purpose. This court is at once both Assizes and Quarter Ses sions for the city of London, and assizes for the counties of London and Middlesex and for certain specified portions of the counties of Essex, Kent and Surrey.