Blacks Law Dict. 1st ed

COURT OF OYER, ETC.

COURT OF KING'S BENCH

292

COURT OF ORDINARY. In some ol the United States (e. g., Georgia) this name is given to the probate or surrogate's court, or the court having the usual jurisdiction in respect to the proving of wills and the admin istration of decedents' estates. COURT OF ORPHANS. In English law. The court of the lord mayor and alder men 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 "orphans' court" is applied to that species of tribunal which is elsewhere known as the "probate court" or "surro gate's court." COURT OF OYER AND TERMI NER. In English law. A court for the trial of cases of treason and felony. The commissioners of assise and nisi prius are judges selected by the queen 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 counties of England, for the trial (with a jury of the county) of causes then depending at Westminster, both civil and criminal. They sit by virtue of several commissions, each of which, in reality, constitutes them a separate and distinct court. The commission of oyer and terminer gives them authority for the trial of treasons and felonies; thatot general gaol delivery empowers them to try every prisoner then in gaol for whatever offense; so that, altogether, they possess full crim inal jurisdiction. In American law. This name is gen erally used (sometimes, with additions) as the title, or part of the title, of a state court of criminal jurisdiction, or of the criminal branch of a court of general jurisdiction, be ing commonly applied to such courts as may try felonies, or the higher grades of crime. COURT OF OYER AND TERMI NER AND GENERAL JAIL DELIV ERY. In American law. A court of crim inal jurisdiction in the state of Pennsylvania. It is held at the same time with the court of quarter sessions, as a general rule, and by the same judges. See Brightly'* Purd. Dig. Pa. pp. 26, 382, 1201. COURT OF OYER AND TERMI NER, GENERAL JAIL DELIVERY, AND COURT OF QUARTER SES SIONS OF THE PEACE, IN AND FOR THE CITY AND COUNTY OF PHILA

ooth to try causes and to review decisions of inferior criminal courts. It is composed of five lords of session with the lord president or justice-clerk as president. It also has appellate jurisdiction in civil causes involving small amounts. An appeal lies to the house of lords. COURT OF KING'S BENCH. In English law. The supreme court of com mon law in the kingdom, now merged in the high court of justice under the judicature act of 1873, § 16. COURT OF THE LORD HIGH STEWARD. In English law. A court in stituted for the trial, during the recess of par liament, of peers indicted for treason or fel ony, or for rnisprision of either. This court is not a permanent body, but is created in modern times, when occasion requires, and for the time being, only; and the lord high steward, so constituted, with such of the temporal lords as may take the proper oath, and act, constitute the court. COURT OF THE LORD HIGH STEWARD OF THE UNIVERSITIES. In English law. A court constituted for the trial of scholars or privileged persons con nected with the university at Oxford or Cam bridge who are indicted for treason, felony, or mayhem. COURT OF MAGISTRATES AND FREEHOLDERS. In American law. The name of a court formerly established in South Carolina for the trial of slaves and free per sons of color for criminal offenses. COURT OF MARSHALSEA. A court which had jurisdiction of all trespasses com mitted within the verge of the king's court, where one of the parties was of the royal household; and of all debts and contracts, when both parties were of that establishment. It was abolished by 12 & 13 Vicfr c. 101, § 13. Mozley & Whitley. COURT OF NISI PRIUS. In Amer ican law. Though this term is frequently used as a general designation of any court ex ercising general, original jurisdiction in civil cases, (being used interchangeably with "trial-court,") it belonged as a legal title only to a court which 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 constitution of 1874. See COURTS of ASSIZE AND NISI PBIUS.

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