Изображения страниц
PDF
EPUB

value, foreclose mortgages, entertain specific performance, wind up partnerships, decide upon trusts, intestacy and legacies, and grant relief against fraud and mistake.

175. County court jurisdiction under Bills of Exchange Act.-Judgment may be rendered by the county court on bills of exchange and promissory notes not exceeding £50. This is in addition to its ordinary jurisdiction above described, the Bills of Exchange Act providing for a special procedure. It has incidental jurisdiction of attachment, garnishment and contempt.

176. Appeals from county courts.-An appeal is given to a divisional court of the King's Bench Division on all questions of law or of the admission or rejection of evidence, but not on a pure question of fact, whenever the amount claimed exceeds £20. The judgment of a divisional court on appeal is final, unless special leave to appeal to the Court of Appeal is given, and from that court an appeal lies to the House of Lords.

The High Court of Justice may also remove a case from the county court by writ of certiorari when it is deemed desirable that the action shall be tried in the High Court. When the county court acts without jurisdiction, or in excess of its jurisdiction, a writ of prohibition may issue also from the High Court. The county court may be compelled to act by mandamus issuing from the same court.

177. County court jurisdiction under special statutes.-A large number of special statutes have been passed giving county courts jurisdiction of par

ticular local matters, including arbitrations between landlord and tenant under the Agricultural Holdings Act of 1908, elections, building associations, charitable trusts, commons, probate, employers and workmen, factories and work-shops, fines and recoveries, infants, road engines, housing of laborers, enclosure of lands, distress, licenses, local loans, lunacies, married women, partition, pharmacy, and many other subjects of quasi-public nature.

178. Courts of escheat.-These courts are held by a commissioner or commissioners appointed by the Crown to hold inquests in respect to lands supposed to have escheated to the Crown. These cases are tried by a jury, and any person claiming title to the property may intervene and be heard. Verdicts may be rendered by a majority of the jury.

179. Forest courts.-Certain special courts have power to enforce particular laws for the protection of certain forests belonging to the Crown. There are four of these courts: the Forty Days Court, the Regard of Survey of Dogs Court, the Swainmote Court, and the Eyre of Justice Seat Court. Three Crown forests are still in existence. The matters heard before these courts relate to deer, trees, underwood, shrubs, and coverts for game.

The Court of Regard has been obsolete for centuries, and no Justice Seat Court has been held since 1662. They may still be revived by royal writ.

180. The Court of Chivalry. The duties of this court relate to armorial ensigns and bearings. It is practically obsolete, although never abolished by statute.

181. The Court of Claims. In addition to the claims jurisdiction of the King's Bench Division, there is a special court of claims, which sits only on the occasion of a coronation, when the Sovereign issues a commission to certain high officers of state, peers, and judges, to hear petitions and claims relating to services at the coronation, in regard to the tenure of manors and lands held by tenure direct from the King, otherwise called the tenure of serjeanty. The Sovereign, however, may withdraw a claim from the commission and transfer it to some other court. A court of this kind was held at the coronation of King Edward in 1901.

182. The sheriff's court.-A sheriff's court may be held in respect to an election, for the due execution of some writ, appraisal of the value of goods detained, and for ascertaining the compensation payable to owners of lands taken for public purposes.

183. The palatine courts.-These are the courts of the Duchy of Lancaster, the Chancery Court of the County Palatine of Lancaster, and the Chancery Court of the County Palatine of Durham. The first is presided over by the Vice Chancellor of the Duchy and County Palatine of Lancaster. The Chancery Court of Lancaster has the same jurisdiction as the High Court of Justice in the Chancery Division, limited to the County of Lancaster. The Court of the Duchy of Lancaster has jurisdiction in respect to lands held from the king, but has not held any sessions for a long period of time, though never abolished. An appeal lies from the Chancery Court to the Court of Appeal and thence to the House of Lords.

184. The Chancery Court of the County Palatine of Durham.-This court has jurisdiction unlimited in amount within the County of Durham, and possibly extends to other districts. It possesses the same jurisdiction as the Chancery Division. The court is held by the Chancellor of the County Palatine of Durham. There is an appeal to the Court of Appeal and thence to the House of Lords.

185. Criminal courts of the Cinque Ports.-The Crown has the power to appoint justices for the five ports, who have certain criminal jurisdiction. These courts are distinct from the Admiralty Court of the Cinque Ports.

186. Borough and local courts of record.-A large number of local courts have been established in addition to county courts, either by the King's charter, or by local acts of Parliament, or by prescription. Forty-two of these courts were abolished in 1883, but one hundred and seventy-two of them still exist, although many of them have not been held for many years. Mandamus may be issued, however, to compel them to act. Their jurisdiction depends upon the charters or acts creating them. Appeals are taken from all these courts to a divisional court of the King's Bench Division.

187. Hundred and manorial courts.-The Hundred Courts have civil jurisdiction in actions for less than forty shillings where the county court is without jurisdiction. The Manorial Courts are Court Leet, Court Baron, the Customary Court, and the Courts of Ancient Demesne. The jurisdiction of these courts is practically obsolete.

188. The judicial commissions.-These are the Railway and Canal Commission, Land Tax Commission, the Income Tax Commission, Commission of Sewers, and the Board of Agriculture and Fisheries. Their jurisdiction and duties are indicated by the titles applied to them.

189. The British prize courts.-These courts exercise jurisdiction over all matters of captures arising on the high seas, and this power is exercised by the Admiralty Division of the High Court of Justice in England, the prize courts in the British possessions, and the Privy Council. In the British possessions this jurisdiction is vested in the Colonial Court of Admiralty or the Vice-Admiralty Court commissioned by the King. The Judicial Committee of the Privy Council has jurisdiction by appeal from any order or decree of a British prize court. The subjects of jurisdiction are captures, joint captures, prize salvage, prize bounty, and ransom.

190. Lunacy courts.-Jurisdiction in cases of lunacy was formerly vested in the Lord Chancellor, and may be still exercised by him, with an appeal to the Court of Appeal and thence to the House of Lords. Commissions of inquiry are issued by the Lord Chancellor. The jurisdiction may also be exercised by any one or more of the judges of the Supreme Court of Judicature specially designated. Those now acting are the Lords Justices of the Court of Appeal. Masters in Lunacy are also appointed to try inquisitions in lunacy, either with or without a jury.

« ПредыдущаяПродолжить »