Blacks Law Dict. 1st ed

289

COURTS OF CINQUE PORTS

COURT OF APPEAL

mesne could be irapleaded. 2 Burrows, 1046; 1 Spence, Eq Jur. 100; 2 BJ. Comm. 99; 1 Steph. Comm. 224. COURT OF APPEAL, HER MAJ ESTY'S. The chief appellate tribunal of England. It was established by the judicature acts of 1873 and 1875, and is invested with the jurisdiction formerly exercised by the court of appeal in chancery, the exchequer chamber, the judicial committee of the privy council in admiralty and lunacy appeals, and with general appellate jurisdiction from the high court of justice. COURT OF APPEALS. In American law. An appellate tribunal which, in Ken tucky, Maryland, and New York, is the court of last resort. In Delaware and New Jersey, it is known as the "court of errors and ap peals;" in Virginia and West Virginia, the "supreme court of appeals." In Texas the court of appeals is inferior to the supreme court. COURT OF APPEALS IN CASES OF CAPTURE. A court erected by act of congress under the articles of confederation which preceded the adoption of the constitu tion. It had appellate jurisdiction in prize causes. COURT OF ARBITRATION OF THE CHAMBER OF COMMERCE. A court of arbitrators, created for the conven ience of merchants in the city of New York, by act of the legislature of New York. It decides disputes between members of the chamber of commerce, and between members and outside merchants who voluntarily sub mit themselves to the jurisdiction of the court. COURT OF ARCHDEACON. The most inferior of the English ecclesiastical courts, from which an appeal generally lies to that of the bishop. 3 Bl. Comm. 64. COURT OF ARCHES. See ARCHES COURT. COURTS OF ASSIZE AND NISI PRIUS. Courts in England composed of two or more commissioners, called "judges of assize," (or of "assize and nisi prius,") who are twice in every year sent by the queen's special commission, on circuits all round the kingdom, to try, by a jury of the respective counties, the truth of such matters of fact as are there under dispute in the courts of West minster Hall. 3 Steph. Comm. 421, 422; 3 Bl. Comm. 57. AM.DICT.ULW—19

COURT OF ATTACHMENTS. The lowest of the three courts held in the forests. It has fallen into total disuse. COURT OF AUDIENCE. Ecclesias tical courts, in which the primates once exer cised in person a considerable part of their jurisdiction. They seem to be now obsolete, or at least to be only used on the rare occur rence of the trial of a bishop. Phillim. Ecc. Law, 1201, 1204. COURT OF AUGMENTATION. An English court created in the time of Henry VIII., with jurisdiction over the property and revenue of certain religious founda tions, which had been made over to the king by act of parliament, and over suits relating to the same. COURT OF BANKRUPTCY. An En glish court of record, having original and appellate jurisdiction in matters of bank ruptcy, and invested with both legal and equitable powers for that purpose. COURT OF CHANCERY. A court having the jurisdiction of a chancellor; a court administering equity and proceeding according to the forms and principles of equity. In England, prior to the judicature acts, the style of the court possessing the largest equitable powers and jurisdiction was the "high court of chancery." In some of the United States, the title "court of chan cery" is applied to a court possessing general equity powers, distinct from the courts of common law. The terms " equity " and "chancery," "court of equity" and "court of chancery," are constantly used as synonymous in the United States. It is presumed that this custom arises from the circum stance that the equity jurisdiction which is exer cised by the courts of the various states is assimi lated to that possessed by the English courts of chancery. Indeed, in some of the states it is made identical therewith by statute, so far as conform able to our institutions. Bouvier. COURT OF CHIVALRY, or COURT MILITARY, was a court not of record, held before the lord high constable and earl mar shal of England. It had jurisdiction, both civil and criminal, in deeds of arms and war, armorial bearings, questions of precedence, etc., and as a court of honor. It has long been disused. 3 Bl. Comm. 103; 3 Steph. Comm. 335, note I. COURTS OF CINQUE PORTS. In English law. Courts of limited local jurisdic tion formerly held before the mayor and j urats (aldermen) of the Cinque Ports.

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