Court

courts, criminal, jurisdiction, appeal, division, united, bench, judges and justice

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By the Judicature Act of 1873, which went into effect in 1875, there was established the Supreme Court of Judicature, consisting of two permanent divisions; one division, under the name of the High Court of Justice, has and exercises original jurisdiction in proceedings formerly brought in the common law, equity, admiralty, probate, divorce and bankruptcy courts hereinbefore mentioned. This court also exercises certain appellate jurisdiction from inferior courts. This act, which created a Supreme Court of Judicature, provided for the administration of law and equity concurrently. Every court has power to grant whatever form of relief the nature of the case may require, whether legal or equitable.

The High Court of justice is divided into sections named after the old courts; namely, the Court of Chancery, the King's Bench, the Court of Exchequer and the Probate, Divorce and Admiralty Division. The Chancery Division's main work is the equity business, but its powers are not confined to any particular subject mat ter. The King's Bench Division tries civil cases, with or without a jury, exercises criminal jurisdiction and has appellate jurisdiction from County Courts and magistrates. The Probhte, Divorce and Admiralty Division decides as to the validity of wills, grants divorces and man ages the admiralty business.

The Chancery Division consists of five jus tices, with the Lord Chancellor as president; the King's Bench Division consists of 14 jus tices and the Lord Chief Justice as president; and the Probate, Divorce and Admiralty Di vision consists of two judges. The criminal jurisdiction of the court is exercised entirely by the King's Bench Division.

The other division of the Supreme Court of Judicature was established under the name of the Court of Appeal. The Court of Appeal has appellate jurisdiction, with such original juris diction as may be deemed necessary to dispose of cases on appeal. It consists of four ex offi cio judges and five ordinary judges, appointed by letters patent. The Court of Appeal is the superior court of record and the highest court of appeal except the House of Lords. In hear ing ecclesiastical appeals the court is composed of judges and assessors, the latter being arch-. bishops or bishops of the Church of England.

In addition to these high courts of England there are many inferior courts of criminal and civil jurisdiction. The lowest of criminal courts is that of a Justice of the Peace, sitting singly; sometimes the Justices of the Peace, two or more sitting at the same time, constitute a Court of Petty Sessions and may dispose in a summary way of minor offenses. Justices at the Court of Quarter Sessions are commis sioned to determine felonies and other offenses, not including treason, murder, forgery and big amy. These and other more serious offenses are reserved for the superior courts. The Assize

Courts, so called, sit in general in each county, twice a year. Sometimes several counties are united together for the Assize Court. In Lon don there is a high criminal court known as the Central Criminal Court, and there are many inferior criminal courts known as Police Courts. The Court of King's Bench has general super vision over all criminal jurisdiction and all criminal courts. • There are a number of civil courts of in ferior jurisdiction, in which small claims may be litigated. These are the County Courts and the Borough Courts of Record. The County Courts are of ancient origin, but have been reconstituted and changed from time to time. Their practice and jurisdiction is now regulated by the County Courts Act of 1888.

The civil courts at the present time are the County Courts, the Borough Courts of Record, the High Court of Justice, the Court of Appeal, the House of Lords and the Judicial Committee of the Privy Council.

The Judicial Committee of the Privy hears appeals in ecclesiastical matters and also from the colonies.

The House of Lords: Appeal still lies to the House of Lords, to the judicial body known by this name, not to the legislative assembly.

The criminal courts now are the Magistrate Courts, the Borough Courts of Quarter Ses sions, the Assizes, the. Central Criminal Court, the King's Bench Division of the High Court of Justice and the Court for the Consideration of Crown Cases Reserved.

The Court for the Consideration of Crown Cases Reserved is at present the only criminal court of appeal. It deals only with points of law submitted to it by the judge who presided at the triaL Courts in the United judicial system of the United States, like the govern ment, is of two kinds. It consists of the Fed eral courts, provided for by the Federal Consti tution and created and deriving their powers from Congress, and of the courts of the several States, created by the States and provided with laws by the legislatures of the several States. All of these courts follow the common law, except where it has been repealed or statutory laws provided in the place of the common law. The judges of the Federal courts, including those of the Supreme Court of the United States, are appointed by the President, with the consent of the Senate. The judges of the Fed eral courts hold office during good behavior, their appointment being for life. The Supreme Court of the United States, while having orig inal jurisdiction in certain specified cases, is the highest court of appeal. The Federal courts are usually spoken of as the ((United States Courts?' Federal The Federal courts at present are the District Courts, the Circuit Courts of Appeals, the Court of Claims, the Court of Custom Appeals and the Supreme Court of the United States.

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