APPEAL.
Criminal procedure in England to-day is founded largely on the old system at common ,law in civil cases, which was superseded by the Judicature Acts, dating from 1873. The arrest of the defendant, usually by warrant, generally follows an indictment by a grand jury in the case of the graver offenses, felony or treason. In the case of the lesser offenses a criminal information is filed by the attorney-general or, in his absence, by the solicitor-general. After an indictment has been found by the grand jury (twelve of whom must concur), the de fendant on •pleading not guilty is tried by 12 jurors in open court. Until 1907 a verdict in a criminal case of guilt or innocence was final, no appeal existing on the facts. However, a writ of error would lie for mistakes in proce dure. By the Criminal Appeal Act of 1907, the right of appeal was given. The law of pro cedure in criminal cases in Ireland largely fol lows that of England, while that of Scotland differs to some extent, being regulated by stat ute passed in 1887. The common law method of trying criminals by a jury of 12 has been adopted in modern times by some European countries. The English system of criminal pro cedure, almost in its entirety, has been adopted by many of the British colonies. In the United States, criminal procedure is governed largely by statute or by code, but in a general way the procedure in use in England is followed. See CRIMINAL LAW; GRAND JURY; INDICTMENT; INFORMATION.
Procedure in admiralty closely follows that of the civil law, and is exceedingly simple, in marked contrast to the formalities of the com mon law. An admiralty suit is commenced by the filing of a libel, or complaint, setting forth the nature of the action, after which process is served by a marshal or deputy. Process, in suits in personam, may be in the form of a monition in the nature of a summons to appear and answer the suit. In proceedings in rem the marshal seizes the vessel or other thing in 'controversy. The answer in admiralty courts corresponds to the plea of common law, and exceptions are equivalent to pleas in abatement and special pleas in bar. A monition need not necessarily be served personally on the re spondent. The court seeks at all times to ad judicate the controversy on its merits, to avoid delays, surprises and unnecessary costs. The rules of practice in courts of admiralty in the United States are substantially the same as those in England, but they are subject to change at any time when found necessary. Unlike the Federal courts in actions at law, courts of ad miralty do not conform to the practice of the State courts. Admiralty courts permit the ad judication of several causes in one proceeding if adapted to the ends of justice and if no in convenience will result therefrom, even extend ing this to libels in rem and in personam and cases in contract and tort; but causes entirely unrelated may not be joined. The admiralty courts, in addition to civil jurisdiction, have also limited criminal jurisdiction, but when act ing in criminal cases the procedure in some particulars conforms to that of the common law courts, including trial by jury. Appeals
from final decrees in the United States are usu ally taken to the Circuit Court of Appeals, but in certain enumerated cases to the Supreme Court. By certiorari, in cases of great im portance, the Supreme Court may review the judgment of the Circuit Court of Appeals. See ADMIRALTY.
Equity procedure, like that of admiralty, lacks much of the formality of the common law. Suit is commenced by the complainant fil ing a bill, after which, in some jurisdictions in the United States, service of process, called the subpcena, is made on the respondent, who then may answer. On his failure to do so, the com plainant is entitled to a decree in his favor. Formerly he could compel the respondent to answer by attachment. Replication by the com plainant follows the answer of the respondent. Beyond this equity pleadings do not go, but amendments are allowed in lieu of further pleading. Demurrers and pleas are generally used in equity the same as at common law. Demurrers test the legal sufficiency of a plead ing of the opposite party. Liberal provisions are usually made in equity practice for the amendment of demurrers. A plea in effect is a special answer, setting up some fact or facts as a cause for dismissing, delaying, or barring the suit, or why some part of the bill should not be answered. Pleas and demurrers are to day viewed with some disfavor, as being dila tory and not going to the merits. Recently the Federal courts in the United States abolished pleas and demurrers, and substituted therefor motions and answers. In the absence of stat utory modification the equity system does not provide for the trial of issues before a jury duly impaneled in that court, in which it dif fers radically from the common law. How ever, when the necessity of a jury arises, the equity court sends the issue to a court of law, where it is tried before a jury according to legal forms. The verdict thus rendered is re turned to the court of equity. In the Federal courts usually and sometimes in other courts the judges who preside in the equity cases pre side also over the trials at law. Issues are submitted to ajury at common law when mate rial facts which are disputed seem doubtful to the judge of the equity court. Formerly a court of equity could not rehear a cause or reverse a decree after enrolment of the final decree, but to-day a court of equity may re view and reverse its own decree on bill of re view. This must be brought by a party to the original suit or by some party in privity with him. Appeal also may be taken from a final decree. Appellate jurisdiction must be invoked by and not by a bill of review. The subpcena in chancery suits to summon a re spondent to answer was abolished in England in 1852, and service of a copy of the bill substi tuted, which practice is also followed by some jurisdictions in the United States. As stated above, by code in some of the States the dis tinctions between pleading in actions at com mon law and equity have been abolished. See CODE ; EQUITY ; SUBPIENA.