KFLCC Kingdom Law 2nd Ed.

COURT OF NISI PRIUS

290

COURTS OF PRINCIPALITY

COURT OF OYER AND TERMINER AND GENERAL JAIL DELIVERY. In American law. A court of criminal juris diction 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's Purd. Dig. Pa. pp. 26, 382, 1201. COURT OF PALACE AT 'WESTMIN STER. This court had jurisdiction of per sonal actions arising within twelve miles of the palace at Whitehall. Abolished by 12 & 13 Vict. 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 bor ough of Liverpool. It appears to have been also called the "Borough Court of Liver pool." 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 annexed to, the Court of Arches. It has a jurisdiction over all those parishes dis persed through the province of Canterbury, in the midst of other dioceses, which are exempt from the ordinary's jurisdiction, and subject to the metropolitan only. All eccle siastical causes arising within these peculiar or exempt jurisdictions are originally cog nizable by this court, from which an appeal lies to the Court of Arches. 3 Steph. Comm. 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 jurisdic tion to administer justice for all commer cial injuries and minor offenses done in that same fair or market, (not a preceding one.) An appeal lay to the courts at West minster. This court long ago fell into dis use: 3 Bl. Comm. 32. COURT OF PLEAS. A court of the county palatine of Durham, having a local common-law jurisdiction. It was abolished by the judicature act, which transferred its jurisdiction to the high court. Jud. Act 1873, § 16; 3 Bl. Comm. 79. COURT OF POLICIES OF ASSUR ANCE. A court established by statute 43 Eliz. c. 12, to determine in a summary way all causes between merchants, concerning policies of insurance. Crabb, Eng. Law, 503. COURTS OF PRINCIPALITY OF WALES. A species of private courts of a limited though extensive jurisdiction, which, 431; 4 Reeve, Eng. Law, 104. COURT OF PIEPOUDRE.

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 establish ment. It was abolished by 12 & 13 Vict e. In Amer ican law. Though this term is frequently used as a general designation of any^ court exercising 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 COXJBTS or ASSIZE AND NISI PKITTS. COURT OF ORDINARY. In some of 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 ad ministration of decedents' estates. Veach v. Rice, 131 U. S. 293, 9 Sup. Ct 730, 33 L. Ed. 163. COURT OF ORPHANS. In English law. The court of the lord mayor and al dermen 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 oth er states) the name "orphans' court" is ap plied to that species of tribunal which is elsewhere known as the "probate court" or "surrogate's court." COURT OF OYER AND TERMINER. In English law. A court for the trial of cases of treason and felony. The commis sioners of assise and nisi prius are judges selected by the king and appointed and au thorized 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 depend ing 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 commis sion of oyer and terminer gives them author ity for the trial of treasons and felonies; that of general gaol delivery empowers them to try every prisoner then in gaol for what ever offense; so that, altogether, they pos sess full criminal 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. 101, § 13. Mozley & Whitley. COURT OF NISI PRIUS.