KFLCC Kingdom Law 2nd Ed.

287

COURT OF BANKRUPTCY

COURT OP CONVOCATION

COURT OF BANKRUPTCY. An Eng lish court of record, having original and ap pellate jurisdiction in matters o± bankruptcy, and invested with both legal and equitable powers for that purpose. In the United States, the "courts of bankruptcy" include the district courts of the United States and of the territories, the supreme court of the District of Columbia, and the United States court of the Indian Territory and of Alaska. U. S. Comp. St 1901, p. 3419. COURT OF BROTHERHOOD. An as sembly of the mayors or other chief officers of the principal towns of the Cinque Ports in England, originally administering the chief powers of those ports, now almost extinct. Cent. Diet COURT OF CHANCERY. A court hav ing the jurisdiction of a chancellor; a court administering equity and proceeding accord ing to the forms and principles of equity. In England, prior to the judicature acts, the style of the court possessing the largest equi table powers and jurisdiction was the "high court of chancery." In some of the United States, the title "court of chancery" is ap plied to a court possessing general equity powers, distinct from the courts of common law. Parmeter v. Bourne, 8 Wash. 45, 35 Pac. 586. The terms "equity" and "chancery," "court of equity" and court of chancery," are con stantly used as synonymous in the United States. It is presumed that this custom arises from the circumstance that the equity juris diction which is exercised by the courts of the various states is assimilated 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 conformable to our institu tions. Bouvier. COURT OF CHIVALRY, oar 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. Oomm. 103; 3 Steph. Comm. 335, note I. COURTS OF CINQUE PORTS. In Eng lish law. Courts of limited local jurisdic tion formerly held before the mayor and jurats (aldermen) of the Cinque Ports. COURT OF CLAIMS. One of the courts of the United States, erected by act of con gress. It consists of a chief justice and four associates, and holds one annual session. It is located at Washington. Its jurisdiction extends to all claims against the United States arising out of any contract with the government or based on an act of congress or regulation of the executive, and all claims referred to it by either house of congress, as well as to claims for exoneration by a dis bursing officer. Its judgments are, in cer

tain cases, reviewable by the United States supreme court It has no equity powers. Its decisions are reported and published. This name is also given, in some of the states, either to a special court or to the or dinary county court sitting "as a court of claims," having the special duty of auditing and ascertaining the claims against the coun ty and expenses incurred by it, and providing for their payment by appropriations out of the county levy or annual tax. Meriweather v. Muhlenburg County Court 120 U. S. 354, 7 Sup. Ct 563, 30 L. Ed. 653. COURT OF THE CLERK OF THE MARKET. An English court of inferior ju risdiction held in every fair or market for the punishment of misdemeanors committed therein, and the recognizance of weights and measures. COURT OF COMMISSIONERS OF SEWERS. The name of certain English courts created by commission under the great seal pursuant to the statute of sewers, (23 Hen. VIII. C 5.) 4 COURT OF COMMON PLEAS. The English court of common pleas was one of the four superior courts at Westminster, and existed up to the passing of the judicature acts. It was also styled the "Common Bench." It was one of the courts derived from the breaking up of the aula regis, and had exclusive jurisdiction of all real actions and of commuma placita, or common pleas, i. e., between subject and subject It was presided over by a chief justice with four puisne judges. Appeals lay anciently to the king's bench, but afterwards to the exchequer chamber. See 3 Bl. Comm. 37, et seq. In American law. The name sometimes given to a court of original and general ju risdiction for the trial of issues of fact and law according to the principles of the com mon law. See Moore v. Barry, 30 S. C. 530, 9 S. E. 589, 4 L. R. A. 294. COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK. The oldest court in the state of New York. Its jurisdiction is unlimited as respects amount, but restricted to the city and county of New York as respects locality. It has also appellate jurisdiction of cases tried in the. marine court and district courts of New York city. Rap. & L. COURTS OF CONSCIENCE. These were the same as courts of request, (q. v.) This name is also frequently applied to the courts of equity or of chancery, not as a name but as a description. See Harper v. Clayton, 84 Md. 346, 35 AtL 1083, 35 L. R. A. 211, 57 Am. St Rep. 407. And see CON SCIENCE. COURT OF CONVOCATION. In Eng lish ecclesiastical law. A court or assembly,