Page:Black's Law Dictionary (Second Edition).djvu/293

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COURT

chancellor, apply the rules and principies of chanzery law, and follow the procedure in e<1ui(_v; the iatter, such as have no equitabie )\u“Qi‘S, but administer justice according to (lie mics and practice of the common law

As to the division of courts according to [her jurisdiction, see JUnIsiuction.

A; to severai names or kinds of courts not simifiuiily desclibed in the titles immediate- l_v tuilovring, sea AJICIIES Counr, APPELLATE, Ciiicoir COURTS, CONSISTORY Comrrs, Coun- TY, CUSTOMARY Covsr BARON, EccLssIAs'rIo- AL Counrs, FEDERAL COURTS. Hmri COMMIS- sinx COURT, INSTANCE COURT, Jus-ricn Ponnr, Jusriniziiiir Cotmr. Mnnirrnin Counr, h'.ir:m's Coon-r, Moor COURT, luuivrorrnn (‘ix 5!, OIlPILANE' COURT, POLICE Coum‘, l'|tt2i0GA‘IIVE Counr, Piuzii: Couirr, Pnonsrn t'n:u. Surnxioa Counrs. Surnnim COURT, iiiid SurlsociA'ru's COURT.

As to court-hand, court-house, court-

lsnds, ennrt rails, see those tities in their alphabetical order infra. —Gourt above, court below. In sppeliate )‘!'i'i(‘[ll", the "court ahove" is iiie one to which a mic is remoied for review, whether by ap- yz writ of error, or certiorsri; while the "iullft heiow" is the one from which the case is removed. Going v. Schnoli 6 Ohio Dec. 933; linv. St. Tex. 1895, art l3‘iG.—Coul't in bank. A meeting of all the judges of II court, usually for the purpose of hearing arguments on dein_ur- I(‘Iv. [mints reserved. motions for new trial, etc, as distinguished from sessions of the same ('0'll't presided over by :1 ainglejudge or justice. —De fncto court. One established. organized, and exercising its Judicial functions _under anthurlty of a statute apparently vnlid._ though such statute may he in fact unconstitutional iind may be afterwards so adJud;zed; or a court established and acting under the authority of a dc Irina government. 1 BL Judgm. § " Burt v. Raliroad Co.. 31 i\Iinn. 472, 18 N. W. 2$.—Fnl.1 court. _ A session of R court which is attended by all the judges or Justices coiuposing it.-—Spix-itnal courts. In En-.’ii_sh iiiw. The ecclesiastical courts, or courts Christisn. See 3 Bl. Comm. 61.

COURT-BARON. In English law. A court which, although not one of record, is incident to every manor, nnd cannot be sev- cred therefrom. It was ordained for we niiiintcnance of the services and duties stipu- lated for by lords of manors, and for the pur- 1ifr.‘iE of determining actions of a personal usiiire, where the debt or damage was under forty shilling. Wharton.

L'usloma-rJ/ court-baron is one appertaining entirely to copyholders. 3 Bl. Comm. 33.

Frccholrlcrir court-baron is one held before the treeholdcrs who owe suit and service to the manor. It is the court-liuron proper.

COURT CHRISTIAN. The ecclesiasticii courts in Eugiand are often so called, as distiugiiishcd from the civil courts. 1 Bi. (‘onim 83: 3 Bl. Ooinni. 64; 3 Steph. Comm. 430.

COURT FOR CONSIDERATION OF CROWN CASES RESERVED. A court fiiaisilshcd bl St. 11 & 12 Viol. c. 78, compos-

285

COURT—HAND

cd of such of the judges of the superior courts of Westminster as were able to atteud, for the consideration of questions of law reserved by any judge in a court of oyer and teruiiner, gaol delivery, or quarter sessions, before -which a prisoner had been found guilty by verdict. Such question is stated in the form of u specini case. Moziey & White- iey; 4 Staph. Comm. 442.

COURT FOR DIVORCE AND MATRI- MONIAL CAUSES. This court was 0':.tlb- lished by St. 20 & 21 Vict. c. 85, which transferred to it all jiii-isdii-lion then exercisable by any eeclesiasticai court in England. in matters nintrinioniai, and also gave it new powers. The court consisted of the lord chancellor, the three chiefs, and three senior puisue judges of the coniniori-law courts, and the judge ordin.-iry, who together constituted, and still constitute, the "full court." The judge ordinary heard almost all matters in the iirst instance. 1373, § 3, the Jurisdiction of the court was transferred to the supreme court of Judicatnre. Sweet.

COURT FOR THE CORRECTION OF ERRORS. The style of R court having Ju- risdiction for review, by appeal or writ of error. The name was fornieriy used in New York and South Carolina.

COURT FOR THE RELIEF OF IN- SOLVENT D]-IBTORS. In English law. A local court which has its sittings in London only, which receives the petitions of insolvent debtors, and decides upon the question of granting a discharge.

COURT FOR THE TRIAL OF IM- PEACHMENTS. A tribunal empowered to try any officer of government or other person brought to its bar by the process of impeschment. In England, the house of lords constitutes such a court; in the United States, the senate; and in the several states, usually, the upper house of the legislative asseruhly.

COURT-HAND. In old English practice. The peculiar hand in which the re('urds of courts were Written from the earliest period down to the reign of George II. its charncteristics were great strength, compactness. and undevisting uniformity; and its use undouhtediy gave to the ancient record its ac- knowledged superiority over the modern. in the important quality of durability.

The writing of this hand, with its peculiar abbreviations and contractions constituted while it was in use, an art of no little ini- portance. iietng an lndispensabie part of the profession of "clerkship." as it was called. Two sizes of it were employed, a large and a snisil hand; the former, calied "great court- hand." being used for initial words or clauses. the 1zliz.c1'.ti1, of records, etc. Burrill.

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