Page:Black's Law Dictionary (Second Edition).djvu/295

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


COURT OF BANKRUPTCY. A.n English court of record, having original and appeliute jurisdiction in l.IJ;<l.Ltel'S of bainbruptcy, and invested wiLli both legal and €lfl.llLlL'l€.' poweis for that purpose. In the United States, the “courts of ban1n'uptcy" incluiie the[I'iCt courts of the United states and

'of the territories, the supreme court 01 the

liis-Li'ict of Uuiuiubia, and the United St.1lES mart of the liidiau 1‘er1'itory and of Alaska. U. S. Comp. St. 1901, p. 3419.

COURT OF BROTHERHOOD. A.n ssscmbly of the mayors or other chief utiicers of the princip.ii towns of the Cinque Ports in Enghind. erigiually administei-ing the chief puneis of those ports. now almost extinct. Cent Dict.

COURT OF CHANCERY. A court having the jurisdiction of a chancellor; a court miiniiiisteriag equity and proceeding according to the forms and principles of equity. in Eiigiand, prior to the judicature acts, the style of the court possessing the lm gest equitulils powers and jurisdiction was the "high court of chanceiy." ln some of the United Suites, the title "court of chancery" is applied to u court possessing general equity powers. distinct from the courts of common law. Piirnicter v. Bourne, 8 Wash. 45, 35 Inc 586.

The terms “equity" and "cbiincery.' court of equity" and ‘court of chsacery," are consinatiy used as synonymous in Suites. It is pI'usumL'd thzil. this custom or [mm the C'll'E'l.llI|Sta]l.J(I(‘ that the equity juris- diiuon which is exercised by the courts of the izirious states is assimiiated to that possessed hy the English courts of chaucery. indeed. in Home of the states it is made identical tliereuilh by statute. so for as conformable to our institutions. Ilouvier.

COURT OF CHIVALRY, oer COURT MILITARY, -was a court not of record, held before the lord high constable and earl marshil of England. It had jurisiiiction, both flvii and criminal, in deeds of arms and war, nnnoriai bcarius. questions of precedence, etc., and as a court of honor. It has long [tea disused. 3 Bl. Comm 103; 3 Steph. Comm. 335. note I.

COURTS OF CINQUE PORTS. [11 English i-aw Courts of limited local jurisdiction tormeriy held before the mayor and jurats (iildernien) of the Cinque Ports.

COURT OF CLAIMS. One of the courts of the United Stntes, erected by act of con- gress. It consists of a chief Justice and four associates, and holds one ii.u.nual session. it is located at Washington. Its Jurisdiction extends to all chums against the United Stiites arising out of any contract with the gorernincnt or based on an act of congress or regulation of the executive, and all claims ri-l‘ erred to it by either house of congress, us well -is to claims for excueratian by :1 dis- bursing officer. Its judgments are, in cer-



taiu cuses, reviewable by the United States supreme court. it has no equity powers. Its decisions are reported and published.

This name is also given, in some of the states, either to a special court or to the ordinnry county court sitting "as a court of (.'i:Iil2uS," having the special duty of auditing and aiscertuiuing the ci.iinis against the county aud expenses incurred by it, and providing for their payment by appropiiatioas out of the county levy or anauai tax. Meriweather v. Muhienburg County Court, 120 U. S. 35%, 7 Sup. Ct. 553, 30 L. Ed. 653.

COURT 0!‘ THE CLERK OE‘ THE MARKET. An English couit of inferior ju- risdiction held in e\ei'y fair or market [or the punishment of uiisdeineiinurs committed therein, and the recognizance of weights and measures.

COURT OF COMMISSIONERS OF SEWERS. The name of certain English courts created by commission under the great seal pursuant to the statute of sewers, (23 Hen. ViIi. c. 5.)

COURT OF COMMON PLEAS. The Eiigiish court of counnou pleas was one of

existed up to the passing or the jll(li\.zlLl1l'e acts. It was also styied the "Common Benc ." It was one of the courts derived from the up of the auto. regis, and had exclusive jurisdiction of all real ucuons and of coiiiimuiiu piacilu, or common plciis, i. 9.. between subject and subject. it was presided mer by a chief Justice with four puisne Judges. Appeais iay ancieiitly to the king's bench, but afterwards to the exclieqiier chaniber. See 3 Bl. Comm. 37, et seq

In American law. The name sometimes given to a court of original and general Ju- i-isdiction for the trisi of issues of fact and law according to the principles of the com- mon law. See Moore v. Biiri-_v, 30 S. G. .330, 9S.D.589.4L.R.A 21'.)-1.

COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK. The oldest court in the state of New York. Its jurisdiction is unlimited as respects zimount, but restricted to the city and county of New Yoih as respects locaiity. It has also appcilate jui-isdictiuu of cases tried in the marine court and district courts of New liork city. Rap. & L.

COURTS OF CONSCIENCE. These were the same as courts of request. (a. 1:.) This name is siso frequently applied to the courts of equity or of chsuccry. not as a name but as a description. See Harper v. 0la.Vt0i:i, 8-1 Md. 346. 35 Ati. 1083, 3.3 L. R. A. 211, 57 Am. St. Rep. 407. And see Gon- SCIENCE.

COURT OF CONVOCATION. lish ecclesiastical law.

In Ens" A court, or assembly,