Blacks Law Dict. 1st ed

291

COURT OP ERRORS, ETC.

COURT OF JUSTICIARY

3 Steph. Comm. 333, 356. By the judicature act (1873) the jurisdiction of this court is transferred to the court of appeal. COURT OF GENERAL QUARTER SESSIONS OF THE PEACE. In American law. A court of criminal juris diction in New Jersey. In English law. A court of criminal jurisdiction, in England, held in each county once in every quarter of a year, but in the county of Middlesex twice a month. 4 Steph. Comm. 317-320. COURT OF GENERAL SESSIONS. The name given in some of the states (as New York) to a court of general original jurisdiction in criminal cases. COURT OF GREAT SESSIONS IN WALES. A court formerly held in Wales; abolished by 11 Geo. IV. and 1 Wm. IV. c. 70, and the Welsh judicature incorporated with that of England. 3 Steph. Comm. 317, note. COURT OF HUSTINGS. In English law. The county court of London, held be fore the mayor, recorder, and sheriff, but of which the recorder is, in effect, the sole judge. No actions can be brought in this court that are merely personal. 3 Steph. Comm. 449, note I. In American law. A local court in some parts of the state of Virginia. 6 Grat. 696. COURT OF INQUIRY. In English law. A court sometimes appointed by the crown to ascertain whether it be proper to resort to extreme measures against a person charged before a court-martial. In American law. A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation, or imputation against any officer or soldier. The said court shall consist of one or more officers, not ex ceeding three, and a judge advocate, or other suitable person, as a recorder, to reduce the proceedings and evidence to writing; all of whom shall be sworn to the performance of their duty. Rev. St. § 1342, arts. 115, 116. COURT OF JUSTICE SEAT. In English law. The principal of the forest courts. COURT OF JUSTICIARY. A Scotch court of general criminal jurisdiction of all offenses committed in any part of Scotland,

chamber and the house of lords, ns taking cognizance of error brought. Mozley & Whit ley. It is applied in some of the United States to the court of last resort in the state; and in its most general sense denotes any court having power to review the decisions of lower courts on appeal, error, certiorari, or other process. COURT OP ERRORS AND AP PEALS. The court of last resort in the state of New Jersey is so named. Former ly, the same title was given to the highest court of appeal in New York. COURT OF EXCHEQUER. In En glish law. A very ancient court of record, set up by William the Conqueror as a part of the aula reyis, and afterwards one of the four superior courts at Westminster. It was, however, inferior in rank to both the king's bench and the common pleas. It was presided over by a chief baron and four puisne barons. It was originally the king's treasury, and was charged with keeping the king's accounts and collecting the royal rev enues. But pleas between subject and sub ject were anciently heard there, until this was forbidden by the Articula super Chartas, (1290.) after which its jurisdiction as a court only extended to revenue cases arising out of the non-payment or withholding of debts to the crown, But the privilege of suing and being sued in this court was extended to the king's accountants, and later, by the use of a convenient fiction to the effect that the plain tiff was the king's debtor or accountant, the court was thrown open to all suitors in per sonal actions. The exchequer had formerly both an equity side and a common-law side, but its equity jurisdiction was taken away by the statute 5 Viet. c. 5, (1842,) and trans ferred to the court of chancery. The judica ture act (1873) transferred the business and jurisdiction of this court to the "Exchequer Division" of the "High Court of Justice." In Scotch law. A court which formerly had jurisdiction of matters of revenue, and a limited jurisdiction over cases between the crown and its vassals where no questions of title were involved. COURT OF EXCHEQUER CHAM BER. The name of a former English court of appeal, intermediate between the superior courts of common law and the house of lords. When sitting as a court of appeal from any one of the three superior courts of common law, it was composed of judges of the other two courts. 3 Bl. Comin. 56, 57;

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