COURT OF CHANCERY, or CHAN CERY. A court existing in England and several of the United States, which possesses an extensive equity jurisdiction.
The name is said by some to be derived from that of the chief judge, who is called a chancellor ; others derive both names directly from the cancelli (bars) which in this court anciently separated the press of people from the officers. See 3 Sharswood, Blackst. Comm. 46, n.; CANCELLARIUS.
In American Law. A court of general equity jurisdiction.
The terms equity and chancery, court of equity and court of chancery, are chnstantly used as synonymous in the United States. It is presumed that this custom arises from the circumstance that the equity jurisdiction which is exercised by the courts of the various states is assimilated to that possessed by the English courts of chancery. In deed, in some of the states it is made identical therewith by statute, so far as conformable to our institutions.
2. Separate courts of chancery or equity exist in a few of the states ; in others, the courts of law sit also as courts of equity ; others, equitable relief is administered under the forms of the common law; and in others, the distinction between law and equity has been formally abolished or never existed. See the articles on the various states. The federal courts exercise an equity jurisdiction whether the state courts in the district are courts of equity or not. 2 McLean, C. C.568; 15 Pet. 9 ; 11 How. 669 ; 13 id. 268, 519.
In English Law. The highest court of judicature next to parliament.
The superior court of chancery, called dis tinctively " The High Court of Chancery," consists of six separate tribunals, viz. : the court of the lord high chancellor of Great Britain ; the court of the master of the rolls, or keeper of the records in chancery; the court of appeal in chancery, which title see; the three separate courts of the vice-chan cellors.
The jurisdiction of this court is fourfold.
3. The common-law or ordinary jurisdiction. By virtue of this the lord-chancellor is a privy councillor and prolocutor of the house of lords. The writs for a new parliament issue
from this department. The Petty Bag Office is in this jurisdiction. It is a common-law court of record, in which pleas of scire famas to repeal letters-patent are exhibited, and many other matters are determined, and whence all original writs issue. See 11 & 12 Vict. c. 94; 12 & 13 Vict. c. 109.
The statutory jurisdiction includes the power which the lord-chancellor exercises under the habeas corpus act, and inquires into chari table uses, but does not include the equitable jurisdiction.
, The specially delegated jurisdiction includes :the exclusive authority which the lord-chan cellor and lords justices of appeal have over the persons and property of idiots and luna tics.
4. The equity or extraordinary jurisdiction is either assistant or auxiliary to the common law, including discovery for the promotion of substantial justice at the common law, pre servation of testimony of persons not liti gants relating to suits or questions at law, removal of improper impediments and pre vention of unconscientious defences at com mon law, giving effect to and relieving from the consequences of common-law judgments; concurrent with the common law, including the remedial correction of fraud, the preven tion of fraud by injunction, accident, mis take, account, dower, interpleader, the de livery up of documents and specific chattels, the specific performance of agreements; or exclusive, relating to trusts, infancy, the equi table rights of wives, legal and equitable mortgages, the assignment of chosen in ac tion, partition, the appointment of receivers, _charities, or public trusts. Wharton, Law Diet. 2d Lond. ed.
5. The inferior courts of chancery are the equity courts of the Palatine Counties, the courts of the Two Universities, the lord mayor's courts in the city of London, and the court of chancery in the Isle of Man: gee 18 & 19 Vict. c. 48, and the titles of these various courts. Consult Story, Equity Ju risprudence ; Daniell, Chancery Practice ; Spence, Eq. Jur.; COURTS OF EQUITY.