(f ) By an act of Congress passed in 1991, the appellate jurisdiction of the circuit courts has been transferred to the circuit courts of appeal, of which there are nine—one in each circuit. Each of these courts consists of three judges, any two of whom constitute a quorum. Its memhers are selected from the following list: The Supreme Court justice assigned to the cir cuit in question, the circuit judges and the dis trict judges of that circuit : but no justice or judge is allowed to sit in this tribunal in a case which was tried before him while holding' a cir cuit or district court. It is apparent. therefore, that the personnel of these courts changes fre quently.
(g) The final appellate tribunal of the Fed eral judiciary is the supreme Court—prohably the most unique and the most influential judicial body in the world. See SUPREME COURT OF THE UNITED STATES.
III. The State courts are modeled after those of England. It is true they do not include ad miralty nor ecclesiastical tribunals: but this is because admiralty and maritime jurisdiction is confided exclusively to the Federal courts by the Federal Constitution, and because there is no State Church in any of our commonwealths. That part of the powers of the English ecclesias tical courts relating to the estates of deceased persons and kindred subjects has been devolved in many States upon tribunals bearing various names, such as surrogates', probate, or orphans' courts. Most of the local or inferior courts, however, as well as the superior courts of law and of equity, were copied by State constitutions and statutes from English originals. In many of the States courts of chancery (q.v.) and of common law (q.v.) have been united into a single supreme court. It is impossible in this article to describe the judiciary system of each of the States, for in matters of detail they differ not a little; but a brief sketch of the New York courts will give the reader an idea of those existing in other States.
(a) To some extent these courts correspond to the territorial subdivisions of the State. For example, each town (q.v.)—the territorial unit in New York—is required to elect justices of the peace (q.v.), who are empowered to hold courts and to exercise a limited criminal as well as civil jurisdiction. In each county a county court is provided for, and also a surro gate's court; although in some counties these courts are held by the same judge. Other local
courts, with a limited jurisdiction, have been erected by the Legislature, especially in cities and large villages. The Supreme Court pos sesses a general jurisdiction in law and equity throughout the State. It is composed (1902) of seventy-six justices, each of which is em powered to hold court in any county, although they are not elected by the State at large, hut each is chosen by the electors hi one of the eight judicial districts into which the State is divided. Some of these justices hold courts for the trial of cases or the determination of motions; while others, upon the selection of the Governor, con stitute four courts of appeal, called appellate divisions, the State being divided into four de partments, in each of which one of these courts has appellate jurisdiction. From determination by an appellate division an appeal may be taken in many cases (see Art. VI., § 9, of New York Constitution) to the Court of Appeals, the high est regular judicial tribunal of the State, from whose decision there is no appeal. It consists of a chief judge and six associate judges. A of Impeachments is also provided for by the State Constitution. This, however, is not a regular, but an extraordinary, tribunal, which rarely assembles.
(b) In some States the Supreme Court pos sesses original jurisdiction, and is also the final court of appeals, That is the case in Massachu setts, where an action brought in the Supreme Court may be tried and decided by a single jus tice, and from his decision an appeal may be taken to the full court. In that State the Su preme Court is the final tribunal for appeals from the decisions of a single justice; also from the Probate Court, the Insolvency Court, and the Superior Court—the Superior Court, in turn. possessing both original and appellate jurisdic tion, appeals running to it from municipal. dis trict, police, and justice courts.
Consult: EneyelopaTlia of the Lames of Eng land (London, 1S97) : Curtis, Jurisdiction of the United States Courts (2d ed., Boston, 1896) ; Foster, Treatise on Federal Practice (Chicago, 1901); Cummings and Gilbert, Official Court Rules of Xew York (New York, 1900) ; The Unit ed States Constitution and Revised Statutes; the Constitutions and Statute's of the several States. For a. separate treatment of special courts, see individual titles such as Coll M ON