COURT (Fr. tour, Dutch, koert, a yard). A body In the government to which the ad ministration of justice is delegated.
The presence of a sufficient number of the members of such a body regularly con vened in an authorized place at an appoint ed time, engaged in the full and regular per formance of its functions. Wightman v. Karsner, 20 Ala. 446; Brumley v. State, 20 Ark. 77.
The place where justice is judicially ad ministered. Co. Litt. 58 a; 3 Bla. Corn. 23, 25. See Hobart v. HobarI, 45 Ia. 501.
The judge or judges themselves, when duly convened. Bee JUDGE.
The term is uaed in all the above senses, though but infrequently in the third sense given. The ap plication of the term—which orignally denoted the Place of assembling—to denote the assemblage, strikingly resembles the similar application of the Laten term curia (if, indeed, it be not a mere trans lation), and is readily explained by the fact that the earlier courta were merely aaaemblagea, in the court-yard of the baron or of the king himself, of those who were qualified and whose duty it was ao to appear at atated times or upon summons. Traces of this usage and constitution of courts still remain in the courts baron, the various courts for the trial of impeachments in England and the United States, and in the control exercised by the parliament of England and the legislatures of the various states of the United States over the organ ization of courta of justice, as constituted in modern times. Indeed, the English parliament is still the High Court of Parliament, and in Massachusetts the united legislative bodies are entitled, as they (and the body to which they succeeded) have been from time immemorial, the Cenral Court.
In England, however, and in those states of the United States which existed as colonies prior to the revolution, most of theae judicial functions were early transferred to bodies of a compacter organiza tion, whose sole function was the public adminis tration of justice. The power of impeachment of various high officers, however, is still retained by the legislative bodies both in England and the United States, and is, perhaps, the only judicial function which has ever been exercised by the leg islative bodiea in the newer states of the United States. These more compact bodies are the courts, as the term is used in its modern acceptance.
The one common and essential feature in all courts is a judge or judges—so eaaentiai, indeed, that they are even called the court, as distinguished from the accessory and subordinate officers ; Mich igan Cent..R. Co. v. R. Co., 3 Ind. 239; McClure v, McClurg, 53 Mo. 173 ; aee Gold v. R. Co., 19 Vt. 478. Courts of record are also provided with a recording officer, variously known as clerk, prothonotary, reg ister, etc.: while in all courts there are counsellors, attorneys, or similar officers recognized as peculiar ly suitable persons to represent the parties actually concerned in the causes, who are considered as offi cers of the court and assistants of the judges, to gether with a variety of ministerial officers, such as sheriffs, constables, bailiffs, tipstaves, criers, etc. For a consideration of the functions of the various members of a court, see the various appropriate as JURY SHERIFF, etc.
Courts are said to belong to one or more of the following classes, according to the nature and extent of their jurisdiction, their forms of proceeding, or the principles upon which they administer justice, viz.: Admiralty. See .ADMIRALTY.
Appellate, which take cognizance of causes removed from another court by appeal or writ of error. See APPEAL AND ERROR ; BILL OF EXCEPTIONS ; DIVISION OF OPINION.
Civil, which redress private wrongs. See JURIS DICTION.
Criminal, which redress public wrongs, that is, crimes or misdemeanors. Ecclesiastical. ECCLESIASTICAL COURTS.
Of equity, which administer justice ac cording to the principles of equity. See EQUITY; COURT OF EQUITY ; COURT OF CHAN CERY.
Of general jurisdiction, which have cogni zance of and may determine causes various in their nature.
Inferior, which are subordinate to other courts. Nugent v. State, 18 Ala. 521. Also, those of a very limited jurisdiction.
Of law, which administer justice accord ing to the principles of the common law.
Of limited or special jurisdiction, which can take cognizance of a few specified mat ters only.
Local, which have jurisdiction of causes occurring in. certain places only, usually the limits of a town or borough, or, in England, of a barony.
Martial. See COURT-MARTIAL.
Not of recura. See COURT or RECORD.
Of jurisdiction, which have juris diction of causes in the first instance. See