Page:Black's Law Dictionary (Second Edition).djvu/298

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COURT OF NISI PRIUS

mitted within the verge of the king‘: court, where one of the parties was of the royal household; and of all debts and cunti-acts, when both partics were of that esiabiish< meat. It was abolished by 12 & 13 VicL c. 101, § 13. Mozley & Whitley.

COURT OF NISI PRIUS. In Ameri(..in iaiv. Though this term is frequently used as 11 general designation of any court exercising geucral, original jurisdiction in civil cases. (being used interchangeably with "trial-court,") it belonged as a legal title only to a court \\ hich formerly existed in the city and county of Philadelphia, and which was presided over by one of the judges of the supreme court of Pennsylvania. This court was abolished by the constltutimi of 1S'i'4. Sec COURTS or Assiza AND Nisi Pains.

COURT OF ORDINARY. In some of the United States (c. (7.. Georgia) this name is given to the probate or surrogates court, or the court having the usual juiisdiction in respect to tbc proving of wills and the ad- ministration of decciient.s' estates. Yeach v. Rice. 13] U S. 293, 9 Sup. Ct. 730. 33 L. Ed. 163.

COURT OF ORPHANS. In English law. The court of the lord mayor and al- dermen of London, which has the care of those orphans whose parent died in London and was free of the city.

In Pennsylvania (and perhaps some other states) the name “orphaus' court" is applied to that species or tribunal which is elsewhere known as the “probate court" or "surrogates court."

COURT OF OYER AND TERIVLINER. In English law. A court for the trial of cases of treason and felony. The commissioners of assise and Mai prius are Judges selected by the king and appointed and authorized under the great seal, including usually two of the Judges at Westminster, and sent out twice a year into most of the couutin-As of England, for the trial (\\ith a jury of the counw) of causes then depending at Westminster. both civil and criminal. They sit by virtue of sexeral commissions, each of which, in reality. constitutes them a separate and distinct court. The coinmissiou of oycr aml tc~r7n.1'ner gives them authority for tile trial of treasons and felonies: that of general uaol deli:-cry empowers them to try every prisoner then in gaol for what- cver offeusc: so that, altogether, they possess tull criminal jurisdiction.

In American law. This name is generally used (sometimes, with additions) as the title, nr part of the title, of a state court of criminal jurisdiction, or of the criminal branch of a court of general jurisdiction. being cominonij sipplicfl to such courts as may try foloizics, or the higher giades of crime.

290

COURTS OF PRINCIPA LITY

COURT OF OYER AND TERMFNEB AND GENERAL JAIL DELIVERY. In American law. A court of criminal juiis diction in the state of Pennsyivania.

It is held at the same time with the court of quarter sessions, as a general rule, and by the same judges. See Bri,ght.iy's Purd. Dig. Pa. pp. 26. 3S2, 1201.

COURT OF PALACE AT WESTMIN- STER. This court had Jurisdiction of personal actions arising within twelve miles of the palace at Whitehall. Abolished by 12 & 13 Vlct. c. 101, 3 Steph. Comm. 317. note.

COURT OF PASSAGE.}} An inferior court, possessing a very ancient jurisdiction over causes of action arising within the bar- ough of L-iiei-pool. It appears to have been also called the “Borough Court of Liver» pool." It has the same jurisdiction in ad- miralty matters as the Lancashire couut_\' court. Rose. Adam. 75.

COURT OF PECULIARS. A spirituai court in England. being a hranch of, and unnexcd to, the Court of Arches. It has I jui-isdiciion over ail those parishes rib- persed through the province of Cautcrhun: in the midst of other dioceses, which are exempt from the ()l‘dii'|.l1'_V'E jurisdiction, and suiuje-ct to the metropolitan only. All eerie siastical causes arising within these 111-cuiinv or exempt jurisdictions are orlzinally Hgnirable by this court. from which an am-‘ai lies to the Court of Arches. 3 Steph. UDIJJIIL 431; 4 Reeve, Eng. Law. 104.

COURT OF PIEPOUDRE. The low- est (and most expeditious) of the courts of justice known to the older law of Eiizland. It is supposed to have been so called from the dusty feet of the suitors It was a court of record incident to every fair and uiaizol. was held by the steward, and had jui-isd'.'> tion to administer justice for all comnim cial injuries and minor offenses done in that same fair or market. (not a preceding one.) An appeal lay to the courts at West~ minster. This court iong ago fell into dis‘ use 3 Bl. Comm. 317..

COURT OF PLEAS. A court of ti)! counuv palatine of Durham_ having a load common-law jurisdiction. It was aboliull by the judicuture act, which transfcrrcd it

jurisdiction to the high court. Jud Act IST3, § 16; 3 Bl. Comm. T9. COURT OF POLICIES OF ASSUR-

ANCE. A court established by statute 43 Eiiz. c. 12, to determine in a summary way all causes between merchants, concerllt policies of insurance. Ciabb, Eng. Ling 503.

COURTS OF PRINGIPAIITY OF WALES. A species of private courts of I

Limited though extensive jurisdictiomwhich,