KFLCC Kingdom Law 2nd Ed.

285

COURT-HAND

COURT

ed of such of the judges of the superior courts of Westminster as were able to at tend, for the consideration of questions of law reserved by any judge in a court of oyer and terminer, gaol delivery, or quarter sessions, before which a prisoner had been found guilty by verdict Such question is stated in the form of a special case. Mozley & White ley; 4 Steph. Comm. 442. COURT FOR DIVORCE AND MATRI MONIAL CAUSES. This court was estab lished by St 20 & 21 Vict c. 85, which trans ferred to it all jurisdiction then exercisable by any ecclesiastical court in England, in matters matrimonial, and also gave it new powers. The court consisted of the lord chancellor, the three chiefs, and three senior puisne judges of the common-law courts, and the judge ordinary, who together constituted, and still constitute, the "full court." The judge ordinary heard almost all matters in the first instance. By the judicature act, 1873, § 3, the jurisdiction of the court was transferred to the supreme court of judica ture. Sweet COURT FOR THE CORRECTION OF ERRORS. The style of a court having ju risdiction for review, by appeal or writ of error. The name was formerly used in New York and South Carolina. COURT FOR THE RELIEF OF IN SOLVENT DEBTORS. In English law. A local court which has its sittings in Lon don only, which receives the petitions of in solvent debtors, and decides upon the ques tion of granting a discharge. COURT FOR THE TRIAL OF IM PEACHMENTS. A tribunal empowered to try any officer of government or other per son brought to its bar by the process of im peachment. In England, the house of lords constitutes such a court; in the United States, the senate; and in the several states, usually, the upper house of the legislative assembly. COURT-HAND. In old English practice. The peculiar hand In which the records of courts were written from the earliest period down to the reign of George II. Its char acteristics were great strength, compactness, and undeviating uniformity; and its use un doubtedly gave to the ancient record its ac knowledged superiority over the modern, in the important quality of durability. The writing of this hand, with its peculiar abbreviations and contractions, constituted, while it was in use, an art of no little im portance, being an indispensable part of the profession of "clerkship," as it was called. Two sizes of it were employed, a large and a small hand; the former, called "great court hand," being used for initial words or clauses, the pladta of records, etc. BurrilL

rhaneellor, apply the rules and principles of chancery law, and follow the procedure in equity; the latter, such as have no equitable powers, but administer justice according to the rules and practice of the common law. As to the division of courts according to their jurisdiction, see JUBISDICTION. As to several names or kinds of courts not specifically described in the titles immediate ly following, see AECHES COUBT, APPELLATE, CIBCUIT COUBTS, CONSISTORY COUBTS, COUN TY, CUSTOMARY COURT BABON, ECCLESIASTIC AL COURTS, FEDERAL COURTS, HIGH COMMIS SION COUBT, INSTANCE COUBT, JUSTICE COUBT, JUSTICIABY COUBT, MABITIME COUBT, MAYOR'S COUBT, MOOT COURT, MUNICIPAL COURT, ORPHANS' COURT, JPOLICE COURT, PREROGATIVE COURT, PRIZE COURT, PROBATE COURT, SUPERIOR COURTS, SUPREME COUBT, and SUBBOGATE'S COUBT. As to court-hand, court-house, court lands, court rolls, see those titles in their alphabetical order infra. —Court above, court below. In appellate practice, the "court above" is the one to which a cause is removed for review, whether by ap peal, writ of error, or certiorari; while the "court below" is the one from which the case is removed. Going v. Schnell, 6 Ohio Dec. 933; Rev. St. Tex. 1895, art. 1386.—Court in bank. A meeting of all the judges of a court, usually for the purpose of hearing arguments on demur rers, points reserved, motions for new trial, etc., as distinguished from sessions of the same court presided over by a single judge or justice. -De facto court. One established, organized, and exercising its judicial functions under au thority of a statute apparently valid, though such statute may be in fact unconstitutional and may be afterwards so adjudged; or a court established and acting under the authori ty of a de facto government. 1 Bl. Judgm. § 173; Burt v. Railroad Co., 31 Minn. 472, 18 N. W. 285.—Full court. A session of a court which is attended by all the judges or justices composing it.—Spiritual courts. In English law. The ecclesiastical courts, or courts Chris tian. See 3 Bl. Comm. 61. COURT-BARON. In English law. A court which, although not one of record, Is incident to every manor, and cannot be sev ered therefrom. It was ordained for the maintenance of the services and duties stipu lated for by lords of manors, and for the pur pose of determining actions of a personal na ture, where the debt or damage was under forty shillings. Wharton. Customary court-baron is one appertaining entirely to copyholders. 3 Bl. Comm". 33. Freeholders' court-baron is one held before the freeholders who owe suit and service to the manor. It is the court-baron proper. COURT CHRISTIAN. The ecclesias tical courts in England are often so called, as distinguished from the civil courts. 1 Bl. Comm. 83; 3 Bl. Comm. 64; 3 Steph. Comm. 430. COURT FOR CONSIDERATION OF CROWN CASES RESERVED. A court established by St 11 & 12 Vict c. 78, compos