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Schools Act, and supreme jurisdiction over colonial appeals, that is, appeals in all civil and criminal cases from the channel islands and the highest courts of each separate colony, province, state, or possession. Certain cases of this nature have been surrendered by the Crown, and in criminal matters the jurisdiction is limited to cases of a disregard of the forms of legal process or where grave injustice has been done. This court has also jurisdiction upon petition of individuals in the discretion of the committee. In certain other cases the right of appeal to this committee has been created by treaty, grant, usage, or sufferance.

145. The Supreme Court of Judicature.-This court was constituted by act of Parliament in 1873, taking effect November 1, 1875. This act consolidated the High Court of Chancery, the Court of Queen's Bench, the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, the Court for Divorce and Matrimonial Causes, and the London Court of Bankruptcy. This court consists of His Majesty's High Court of Justice and His Majesty's Court of Appeal. 146. Its jurisdiction. The jurisdiction of this court is both original and appellate. It includes all the original jurisdiction of the courts mentioned, extending to all causes of action, and unlimited in amount, except the jurisdiction in lunacy of the Lord Chancellor or the Lords Justices of Appeal in Chancery, of the Lord Chancellor as to patents and commissions, or as the visitor of any college or foundation, and of the Master of the Rolls as to records.

Its civil jurisdiction extends to all causes and matters whatever except prize and lunacy, and except certain jurisdiction granted to a peer to hear certain cases, and extends also to Parliament and municipal election petitions, habeas corpus and disbarment proceedings.

147. Criminal jurisdiction of the Court of Judicature. The King's Bench Division and the Central Criminal Court have original jurisdiction of all criminal cases arising under the laws of England. This jurisdiction is exercised either in the King's Bench Division proper, or under the commissions of Oyer and Terminer and gaol delivery on circuit, or by the Central Criminal Court, or directed to special commissioners. Crimes by public officers abroad are tried in King's Bench Division. This includes offenses by colonial governors, lieutenant governors, and justices. There is also a special commission which has jurisdiction at the election of the attorney general to proceed against public officers in India for offenses committed by them. The criminal jurisdiction also extends to offenses in admiralty. Original and appellate jurisdiction in bankruptcy is also given to the Court of Judicature by the bankruptcy act of 1883. The admiralty division includes the original jurisdiction of the High Court of Admiralty. Additional admiralty jurisdiction has been conferred by statute, which could not be done in the United States, because the Constitution limits the jurisdiction to that of the admiralty courts existing in 1789.

148. Service beyond the jurisdiction.-As in this country, in certain cases, writs and notices of suit

may be served outside of the jurisdiction of the court. Rules governing this subject are made by the Supreme Court of Judicature itself; and such service is limited to cases affecting property within the jurisdiction, but includes cases on contract which should be performed within the jurisdiction unless defendant resides in Scotland or Ireland, injunctions as to anything to be done within the jurisdiction, or a nuisance there situated. And where a suit is properly brought, notice may be given to persons outside the territorial jurisdiction who are necessary or proper parties.

149. His Majesty's High Court of Justice.-The judges of the High Court of Justice are the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the President of the Probate, Divorce and Admiralty Division, and twenty-two other judges.

150. Appellate jurisdiction of the Supreme Court of Judicature.-Appellate jurisdiction is exercised by divisional courts of the various divisions, that is, King's Bench, probate, divorce, admiralty, etc. Appeals from inferior courts go to the divisional court of the King's Bench Division, as well as appeals from chamber orders in the King's Bench Division, decisions of masters and referees, and motions to set aside awards. The divisional court of Probate, Divorce, and Admiralty hears appeals from county courts in admiralty, probate cases, and cases under the Married Women's Act of 1895. This divisional court also hears appeals in shipping matters relating to the tenure of office of the master, mate, or en

gineer; also shipping casualties. Single judges in some of the divisions are empowered to hear revenue appeals, bankruptcy appeals, certain orders by court officers in probate, divorce and admiralty, and certain appeals in patent cases.

151. The various divisions; Chancery Division.— The King's Bench, Common Pleas, and Exchequer divisions were consolidated into the King's Bench Division by council order of July 16, 1880. There are seven justices of the Chancery Division, including the Lord High Chancellor. The court exercises substantially the same jurisdiction as courts of equity in the United States, with some additional statutory powers.

152. The King's Bench Division.-The Lord Chief Justice and fifteen other justices are the judges of this court, which has the jurisdiction formerly exercised by Queen's Bench, Common Pleas and Exchequer, and certain additional jurisdiction in bankruptcy, and the winding up of corporations. This important court in addition to its general jurisdiction in actions between individuals and corporations has extensive jurisdiction on the revenue side and crown side, so-called. On the revenue side it has jurisdiction of Latin informations, so-called, which are brought in the name of the King in the right of the crown, the Duchy of Lancaster, or the Duke of Cornwall, to recover moneys or other chattels, proceedings in rem to recover forfeited property claimed by the crown, proceedings in personam to remove intruders upon crown lands, writs of extent brought by arrest of persons, lands, goods, or debts, to obtain sat

isfaction of debts due to the crown, scire facias to recover crown debts of record, that is, secured by judgment, bond or undertaking, summary proceedings for the recovery of duties, English informations in equity, generally founded upon ancient and obscure titles of the crown to lands, including the shores of the sea; and also for the recovery of money debts where a discovery and account are prayed. Forest courts, referred to later, have similar powers.

153. Actions against the Crown in the King's Bench.-Property, money, or damages may be recovered from the crown either at law or in equity by a process called a petition of right. This petition is based upon immemorial practice, and not on statute, except in a few cases. Among the subjects included in this jurisdiction are the specific recovery of lands, chattels real, specific chattels and pecuniary claims, including claims for services, breach of contract, money paid to the crown by mistake, compensation for lands taken, pensions, and post-office and naval claims. No petition can be filed for tort claims, but when it is doubtful whether the claim is for a tort or contract the petition has generally been allowed. No petition for infringement of a patent is allowed, this being regarded as a tort claim, but petitions against officers of the crown have sometimes been allowed. Under certain statutes actions are given against government departments and officials, brought in the King's Bench Division. This jurisdiction on claims is similar to that exercised by the federal Court of Claims, and by the district court up to $10,000.

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