Blacks Law Dict. 1st ed

293

COURT OF PALACE, ETC.

COURT OF RECORD

COURTS OF PRINCIPALITY OF WALES. A species of private courts of a limited though extensive jurisdiction, which, upon the thorough reduction of that princi pality and the settling of its polity in the reign of Henry VIII., were erected all over the country. These courts, however, have been abolished by 1 Wm. IV. c. 70; the principality being now divided into two cir cuits, which the judges visit in the same manner as they do the circuits in England, for the purpose of disposing of those causes which are ready for trial. Brown. COURT OF PROBATE. In English law. The name of a court established in 1857, under the probate act of that year, (20 &21 Viet. c. 77.) to be held in London, to which court was transferred the testamentary jurisdiction of the ecclesiastical courts. 2 Steph. Comm. 192. By the judicature acts, this court is merged in the high court of justice. In American law. A court having ju risdiction over the probate of wills, the grant of administration, and the supervision of the management and settlement of the estates of decedents, including the collection of assets, the allowance of claims, and the distribution of the estate. In some states the probate courts also have jurisdiction of the estates of minors, including the appointment of guard ians and the settlement of their accounts, and of the estates of lunatics, habitual drunkards, and spendthrifts. And in some states these courts possess a limited jurisdiction in civil and criminal cases. They are also called "orphans' courts" and "surrogate's courts." COURT OF QUARTER SESSIONS OF THE PEACE. In American law. A couit of criminal jurisdiction in the state of Pennsylvania, having power to try misde meanors, and exercising certain functions of an administrative nature. There is one such court in each county of the state. Its ses sions are, in general, held at the same time and by the same judges as the court of oyer and terminer and general jail delivery. See Brightly's Purd. Dig. pp. 26, 383, § 35, p. 1198, § 1. COURT OF QUEEN'S BENCH. See KING'S BENCH. COURT OF RECORD. A court where the acts and judicial proceedings are enrolled on parchment or paper for a perpetual me morial and testimony; and which has power

DELPHIA. In American law. A court of record of general criminal jurisdiction in and for the city and county of Philadelphia, in the state of Pennsylvania. COUBT OF PALACE AT WEST MINSTER. This court had jurisdiction of personal actions arising within twelve miles of the palace at Whitehall. Abolished by 12 & 13 Viet. 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 borough of Liverpool. It appears to have been also called the "Borough Court of Liv erpool." It has the same jurisdiction in ad miralty matters as the Lancashire county court. Rose. Adm. 75. COURT OF PECULIARS. A spiritual court in England, being a branch of, and an nexed to, the Court of Arches. It has a juris diction over all those parishes dispersed through the province of Canteibury, in the midst of other dioceses, which are exempt from the ordinary's jurisdiction, and subject to the metropolitan only. All ecclesiastical causes arising within these peculiar or ex empt jurisdictions are originally cognizable by this court, from which an appeal lies to the Court of Arches. 3 Steph. Comm. 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 England. 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 market, was held by the steward, and had jurisdiction to administer justice for all commercial in juries and minor offenses done in that same fair or market, (not a preceding one.) An appeal lay to the courts at Westminster. This •sourt long ago fell into disuse. 3 Bl. Comm. 32. COURT OF PLEAS. A court of the county palatine of Durham, having a local common-law jurisdiction. It was abolished oy the judicature act, which transferred its jurisdiction to the high court. Jud. Act 1373, § 16; 3 Bl. Comm. 79. COURT OF POLICIES OF ASSUR ANCE. A court established by statute 43 KHz. c 12, to determine in a summary way m* causes between merchants, concerning policies of insurance. Crabb, Eng. Law,

Archive CD Books USA

Made with FlippingBook Online newsletter creator