COURTS OF ENGLAND. The Judicature Acts (in force November 2, 1875) created the Supreme Court of Judicature. It con sists of the High Court of Justice and the Court of Appeal, both of which are superior courts of record. In itself it performs no judicial function.
To the High Court of Justice was trans ferred every jurisdiction formerly vested in the High Court of Chancery, the Queen's Bench, and the Common Pleas at. Westmins ter, the Exchequer as a court of revenue as well as a common-law court, the High Court of Admiralty, the Court of Probate, the Court for Divorce and Matrimonial Causes, the Court of Common Pleas at Lancaster, the Court of Pleas at Durham, the Courts created by Commissioners of Assize, of Oyer and Terminer, and of Gaol Delivery, or any of such Commissioners, and, by Act of 1883, the jurisdiction of the London Court of Bankruptcy.
To the Court of Appeal were transferred all jurisdiction and powers of the Court of Appeal in Chancery, the Court of Appeal in Chancery of the County Palatine of Lan caster, the Court of the Lord Warden of the Stannaries, the Court of Exchequer Cham ber, the Judicial Committee of the Privy Council upon appeal from any judgment or order of the High Court of Admiralty, and many other minor appellate jurisdictions.
The High Court of Justice now consists of three divisions : The King's Bench Divi sion, the Chancery Division, and the Pro bate, Divorce and Admiralty Division. By the original Jddicature Act each of the su perior courts of common law was made a separate division of the High Court of Jus tice, but by an Order in Council, December 16, 1880, the Common Pleas and Exchequer Divisions were merged in the King's Bench Division, and the offices of Lord Chief Jus tice of the Common Pleas Division and Lord Chief Baron of the Exchequer Division were abolished.
The courts of law give any relief which the Court of Chancery could formerly have given. Law and equity are now adminis tered concurrently. See (1887) 12 App. Cas. 308.
The King's Bench Division. The Lord Chief Justice of England is the President, nominated by the Prime Minister ; there are seventeen puisne judges appointed on the recommendation of the Lord Chancellor.
They hear cases in London or at the assizes throughout England and Wales. At the commencement of each sitting, one judge is appointed to hear causes in London and one in Liverpool. They are assisted by nine Masters who have power to transact all interlocutory and much other business, by District Registrars in most of the large pro vincial towns and by Official Referees. It has the bankruptcy jurisdiction formerly vested in the London Court of Bankruptcy, exercised by one of the judges called the Judge in Bankruptcy.
The judges of this division frequently sit as a Divisional Court, consisting of two or more judges. Any number of such courts may sit at the same time. In civil matters its jurisdiction is almost entirely appellate. It deals with appeals from Revising Barris ters, from County Courts in Bankruptcy, and from certain inferior courts; with spe cial cases stated by the courts of petty ses sions and quarter sessions in civil matters, and by the Railway Commissioners; appeals from the Mayor's Court, London, the Salford Hundred Court, the V. C. Court of Oxford, and in a few cases of appeals from a judge of the High Court in Chambers. On the crown side it deals with indictments and criminal informations, and in civil proceed ings with mandamus, habeas corpus, certi orari, prohibitions, informations in the na ture of quo warranto, attachments for con• tempt of court and petitions of right.
The Chancery Division consists of the Lord Chancellor, who is President, and six puisne judges; the latter are divided into three groups of two each. The work con sists chiefly of equity business; it, however, administers law as well as equity, but it tries no cases with a jury. It deals with administering the estates of deceased per sons, partnership, mortgages, charitable and private trusts, infants, and other heads of equitable jurisdiction.