Page:Black's Law Dictionary (Second Edition).djvu/292

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COUR DE CASSATION

of the principal note, and designed to be cut ofi severally and presented for payment as they §)ature. Wiiiiams v. Moody, 95 Ga. 8, 22 S. E.

COUR DE CASSATION. The supreme Judicial tribunal of France, having appellate Jurisdiction only. For an account of its composition and powers, see Jones. French Bar, 22; G-uyot, Repert Univ.

COURSE. A term used in surveying, meaning the direction of a line with reference to a meridian.

—Conx-so of business. Oommerr-ial paper is said to be transferred, or sales aileged to bave been frauduient may be shown to bave bccn made. "in the course of business," or "' the usuai and ordinary course of business, when the circumstances of the transaction are such as usuaily and ordinarily attend dealings of the same kind and do not exhibit any signs of haste, secrecy, or fraudulent intention. Wnib1'1_\n v. Babbitt. 18 Wali. 5-31, 21 L. Ed. 489: Ciorigh v. Piitrick, 37 Vt. 419; Brooklyn etc., R. Co. v. National Bank 102 U. s. 14, éo L Ed. 61. —Conrse of river. The course of a river is a line parallel with its banks: the term is not synonymous with the “current" of the river. Attorney General v. Railroad 00., 9 N. J. 1%. 550.—-Course of the voyage. By this term is understood the reguiar and customary track. it such tiicre be, which a ship takes in going from one port to another, and the shortest way. Marsh. Ins. 1S5.—Con1-se of trade. What is customarily or ordinnriiy done in the management of trade or business.

COURT. In legislation. A legislative assembly. Parliament is called in the old books a court of the king, nobility, and com- mons assembled. I‘inch, Laiw, b. 4, c. 1, p. 233: Flet-1. lih. 2, c. 2.

This meaning of the word has been retained in the titles of some deiiher-ithe bod- ies. such as the general court at Massachu- setts, (the legislature.)

In international law. The person and suite of the sovereign; the piace where the sovereign sojourns with his regal retinne, wherever that may be. The English government is spoken of in diplomacy as the court of St. James, because the paiace of St. James is the official palace.

In practice. An organ of the government. belonging to the Jiiiiicial department, whose function is the appiication of the laws to controversies brought before it and the public administration of justice. White County v. Gvwiu, 136 Ind. 562, 36 N. E. 237, 22 L. R. A. 402.

The presence of a suiiicient number of the members of such a body regularly convened in an authorized place at an appointed time, engaged in the full and regular perforniniice of its functions. Brumley v. State, 20 Ark. 77.

A court may be more pnrticulariy descrilicd as an organized body with defincd powers. meeting at certain tmics and places for the hearing and decision of causes and other matters brought bcfure it and aided in this, its proper business, hy its proper officers, viz., attorneys and coun-

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COURT

sel to present and manage the business. lhh to record and attest its acts and decisions, ministerial officeis to execute its cominanah secure due order in its proceeding. Iilx parts Gardner, 22 Rev. 280. 39 Pac. 57 .

The place where Justice is judicially ad- ministered. Co. Litt, 5Sn.; 3 Bl. Comm. 21 Railroad Co. v. Harden, 113 Ga. 456, 8 a‘ E. 930.

The Judge, or the body of Judgw. prutdlw over a court.

'1‘be wards “court” and “judge-." or "judge," are frequently used in our statutes as sync}- mous When used with reference to ondm made by the court or judges, they are to in understood. State v. Cayivood. 96 Iowa. 15, 65 N. W. 335; Michigan Cent. R. Co. v. Kat era Ind. R. C0,. 3 Ind. 239.

Classification. Courts may be ciasoified and divided according to severai method; the tollowing being the more usual:

Courts of record and courts not of 790014,‘ the former being those whose acts and ju- dicial proceedings are enrolled, or recorded. for a perpetual memory and testimony, and which have power to line or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to line or imprison, and in which the proceedings are not enrolled or re corded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher (C. C.) 24 Fed. 481; Ex parte Thistleton, 52 Cal. 225: Thomas v. Robinson, 3 Wend. (N. Y.) 206; Erwin v. U. S. (D. C.) 37 Fed. 438, 2 L R. A. 29.

Superior and inferior courts; the former being courts of general original jurisdiction in the first instance, and which exercise a control or supervision over a system of iower courts, either by appeal. error, or ccrii'omr\i,- the latter being courm of smail or restricted jurisdiction, and subject to the review or correction of higher courts. Sometimes the former term is used to denote a pnrtlcuiar group or system of courts of high powers, and all otheis are called “inferior courts"

To constitute a court a superior court as to any class of actions, within the common-law meaning of that term, its jurisdiction of such actions must be unconditional, so that the only thing requisite to enable the court to take tw- nizance of them is the acquisition of jurisdictnn of the persons of the parties. Simona v in Bare, 4 Bosw. (N. Y.) 647.

An inferior court is a court whose judgment: or decrees can be reviewed. on appeal or writ of error, by a higher tribunal, whether that tribunal be the circuit or supreme court. Nu- gent v. State, 13 Ala. 521.

Civil and criminal courts; the former being such as are estabiished for the adjudication of controversies between subject and subject, or the ascertainment, enforcement, and redress of private rights; the latter, such as are charged with the administration of the criminal laws, and the punishment of wrongs to the public.

Equity (GUI is and law courts; the former

being such as possess the jurisdiction or 1