COURT OF COMMON PLEAS. In American Law. A court of original and general jurisdiction for the trial of issues of tact and law according to the principles of the common law.
Courts of this name still exist in some of the states of the United States, and frequently have a criminal as well as civil jurisdiction. They are, in general, eqprts of record, being expressly made so by statute in Pennsylvania. 3 Serg. & R. Penn. 246. In Pennsylvania they exercise an equity jurisdiction also, as well as that at common law. Courts of sub stantially similar powers to those indicated in the definition exist in all the states, under various names ; and for peculiarities in their constitution reference is made to the articles on the states in regard to which the question may arise.
In English Law One of the three supc. rior courts of common law at Westminster.
This court, Which is sometimes called, also, Ban ens Communis, Bantus, and Common Bench, is a hranoh of the aula regis and was at its institu tion ambulatory, following the household of the king. In the eleventh clause of Magna Charts, A.D. 1214, it is provided that it shall be held at some fixed place, which is Westminster. The establish ment of this court at Westminster, and the conse quent construction of the Inns of Court and gathering together of the common-law lawyers, enabled the law itself to withstand the attacks of the canonists and civilians. It derived its name from the fact that the causes of common people were heard there. It had exclusive jurisdiction of real actions as long as those actions were in use, and had also an exten sive and, for a long time, exclusive jurisdiction of all actions between subjects. This latter jurisdic
tion, however, was gradually encroached upon by the king's bench and exchequer, with which it now has a concurrent jurisdiction in many matters. For merly none but at law were admitted to practice before this conrt in bane, 6 Bingh. N. c. 235 ; but, by statutes 6 86 7 Viet. c. 18, 0 61, 9 & 10 Viet. c. 54, all barristers at law have the right of "practice, pleading, and audience." It consists of one chief and four puisne or associate justices.
It has a civil, common-law jurisdiction, concurrent with the king's bench and .ex chequer, of personal actions and actions of ejectment, and a peculiar or exclusive juris diction of real actions, actions under the Rail way and Canal Traffic Act, 17 & 18 Vict. c. 31, the registration of judgments, annuities, etc., 1 & 2 Vict. c. 110 ; 2 & 3 Vict. c. 11; 3 & 4 Vict. c. 82; 18 Vict. c.15 ; respecting fees for conveyances under 3 & 4 Will. IV. c. 74 ; the examination of married women concerning their conveyances, 11 & 12 Vict. c. 70 ; 17 & 18 Vict. c. 75 ; 19 & 20 Vict. c. 108, 0 73 ; and of appeals from the revising barristers' court, 6 & 7 Vict. c. 18. Wharton, Law Diet. 2d Lond. ed.
Appeals formerly lay from this court to the king's bench • but, by statutes 11 Geo. IV., and 1 Will. IV. c. 70, appeals for errors in law are now taken to the judges of the king's bench and barons of exchequer in the ex chequer chambers, from whose judgment an appeal lies only to the house of lords. 3 Sharswood, Blackst. Comm. 40.