court

only three judges when the court is sitting, but all the judges when other functions are performed.

+ 7 more definitions — see all 15 over time

CONSISTORY. See Consistory Court.

In legislation. A legislative assembly. Parliament is called in the old books a court of the king, nobility, and commons assembled. Finch, Law, b. 4, c. 1, p. 233; Fleta, lib. 2, c. 2. This meaning of the word has been retained in the titles of some deliberative bodies, such as the general court of Massachusetts, (the legislature.)

In international law. The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may bs. The English government is spoken of in diplomacy as the court of St. James, 'because the palace of St James is the official palace.

In practice. An organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought bsfore it and the public administration of justice. White County v. Gwin, 136 Ind. 562, 36 N. E. 237, 22 In R. A. 402. The presence of a sufficient number of the members of such a body regularly cenvened in an authorized place at an appointed time, engaged in the full and regular performance of its functions. Brumley v. Sinte, 20 Aria 77. A court may be more particularly described as an organized body with defined powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it, and aided in this, its proper business, by its proper officers, viz., attorneys and counsel to present and manage the business, cletks to reconi and attest its acts and decisions, and ministerial officers to execute its commande, and secure due order in its proceedings. Ex parte Gardner, 22 Nev. 280, 39 Pac. 570. The place where Justice is judicially administered. Co. Litt. 58a; 3 Bl. Comm. 23. Railroad Ch v. Harden, 113 Ga. 456, 38 S. Bl 950. The judge, or the body of Judges, presiding over a court The words "court" and "judge," or "judges," are frequently used in our statutes as synonymous. When used with reference to orders made by the court or judges, they are to be so understood. State v. Caywood, 96 Iowa, 367, 65 N. W. 385; Michigan Cent. R. Co. v. Northern Ind. R. Co.. 3 Ind. 239. Classification. Courts may be classified and divided acoording to several methods, the following being the more usuui: Courts of record and courts not of record; the former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetuui memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the procoedings are not enrolled or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher (C. C.) 24 Fed. 481; Ex parte Thistleton, 52 Cal. 225; Thomas v. Robinson, 3 Wend. (N. Y.) 268; Erwin v. U. S. (D. C.) 37 Fed. 488, 2 In R. A., 229. ' Superior and inferior couris; the former being courts of general original jurisdiction in the first instance, and which exercise a control or supervision over a system of lower courts, either by appeal, error, or certiorari; the latter being courts of small or restricted Jurisdiction, and subject to the review or correction of higher courts. Sometimes the former term is used to denote a particular group or system of courts of high powers, and all others are called "inferior courts." To constitute a court a superior court as to any class of actions, within the common-law meaning of that term, its jurisdiction of such actions must be unconditional, so that the only thing requisite to enable the court to take cognizance of them is the acquisition of jurisdiction of the persons of the parties. Simons v. De Bare, 4 Bosw. (N. Y.) 647. An inferior court is a court whose judgments or decrees can be reviewed, on appeal or writ of error, by a higher tribunal, whether that tribunal be the circuit or supreme court. Nu-gentjv. State, 18 Ala. 521. Civil and criminal courts; the former being such as are established for the adjudication of controversies between subject and subject, or the ascertainment, enforcoment, and redress of private rights; the latter, such as are charged with the administration of the criminal laws, and the punishment of wrongs to the public. Equity courts and law courts; the former being such as possess the jurisdiction of a chancellor, apply the rnies 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 Jurisdiction. As to several names or kinds of courts not specifically described in the titles immediately following, see Arches Court, Appellate, Circuit Courts, Consistory Courts, County, Customary Court Baron, Ecclesiastical Courts, Federal Courts, High Commission Court, Instance Court, Justice Court, Justiciary Court, Maritime Court, Mayor's Court, Moot Court, Municipal Court, Orphans' Court, Police Court, Prerogative Court, Prize Court, Probate Court, Superior Courts, Supreme Court, and Surrogate's Court. As to court-hand, eonrt-honse, 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 appeal, 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 hank. A meeting of all the judges of a court, usually for the purpose of hearing arguments on demurrers, points reserved, motions for new trial, etb., 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 authority 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 authority of a de facto government. 1 Bl. Judgm. § 173; Burt v. Railroad Co., 3i Minn. 472, 18 N. W. 285.

— Full court. A session of a court which is attended by ali the judges or justices composing it.

— Spiritual courts. In English law. The ecclesiastical courts, or courts Christian. See 3 Bl. Comm. 61.

A tribunal established for the public administration of justice, and composed of one or more judges, who sit for that purpose at fixed times and places, attended by proper officers; the persons of the judges so sitting; the place where they so sit; a legislative assembly. Court above, or ad quem: a court to which a cause is taken from an inferior court. Court below, or a quo: a court from which a cause is removed to a higher court. Court martial: a court held in the military and naval service, for the trial and punishment of offenses against the regulations of the service. Court of appellate jurisdiction: a court which reviews causes removed by appeal or error from another court. Court of equity, or of chancery: a court which administers justice according to the principles of equity. Court of general jurisdiction: a court which takes cognizance of all causes, civil or criminal, of a particular nature. Court of law, or common law: a court which administers justice according to the principles and the forms of the common law. Court of limited jurisdiction: a court which takes cognizance of special matters only. Court of original jurisdiction: a court which exercises jurisdiction over a matter in the first instance. Court of record: a court whose proceedings are enrolled; a court whose attributes and functions exist independently of the person of the magistrate, and which proceeds according to the course of the common law. v. Conscience; Ecclesiastical courts. For particular courts, see infra and names passim.

In English law. Court baron: an inferior court of civil jurisdiction, attached to a manor, held by the steward within the manor. Court for divorce and matrimonial causes: a court established by statute 30 & 31 Vict. c. 85, to which has been transferred the jurisdiction of the ecclesiastical courts in respect of divorces, and in all causes and matters matrimonial. Now a part of the Supreme Court of Judicature. Court leet: a court of record held once or twice in every year within a particular hundred, lordship or manor, before the steward of the leet, for the preservation of the peace, and the punishment of all trivial misdemeanors, v. Frank pledge; Leet. Court of chivalry: a court formerly held before the lord high constable and earl marshal of England jointly, and afterwards before the latter only, having cognizance of contracts and other matters touching deeds of arms and war. Court Christian: an ecclesiastical court, as distinguished from a civil court, v. Ecclesiastical courts. Court of delegates: the great court of appeal in all ecclesiastical causes, consisting of delegates appointed by the king's commission, under his great seal, and issuing out of chancery, to represent his royal person, and hear all appeals to him made by virtue of the statute 35 Henry VIII., c. 19. Succeeded by the judicial committee of the privy council. Court of the Duchy of Lancaster: a court of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands held of the king in right of the duchy of Lancaster. Court of peculiars: a branch of the Court of Arches, having jurisdiction over all those parishes dispersed 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. Court of piedpoudre, piepowders or pypowders: a court of record incident to every fair and market, of which the steward of the owner of the toll of the market was the judge. It had cognizance of all cases of contract arising at the particular fair or market, and proceeded in a very summary manner. It was so called from the dusty feet of the suitors, or from the French pied puldreaux, a pedlar. It has fallen into disuse. Court of policies of assurance: a court established by statute 43 Eliz., c. 13, to determine in a summary way all causes between merchants concerning policies of insurance. It has been abolished. Court of regards: one of the forest courts, held every third year for the lawing or expeditation of dogs. v. Expeditation. Court of requests: a court, not of record, erected by act of parliament in certain towns, for the recovery of small debts. Court of the steward and marshal: a high court, formerly held by the steward and marshal of the king's household, having jurisdiction of all actions against the king's peace within the bounds of the household for twelve miles, which circuit was called the verge. For other courts, see names passim.

A certain allowance of provision from the king to his knights and servants, who attended him on any military expedition.

United States Circuit, p. S81. An act approved August 13, 1888 (25 St. L. 433), corrects the enrollment of the act of March 3, 1887 (24 id. 552). as follows: Page 281, column 2, line 15, "of" is made "or;" line 25, "of" is made "if; "lines 42 and 49, "any other suit " and " and when " begin new sentences. Page 282, column 1, line ]4, "At any other time," and line 27, "Whenever," begin paragraphs; column 2, line 31, "the owner" is made to read "that the owner." A few changes are also made in the punctuation.

Courts. — I. English. A. courts were anciently as follows court or assembly existed in " assembly of the wise men " of laws for the nation at large and fare and protection. Incidentally, of the King's thegns and great tions were legislative and judicial, succeeded in the Anglo-Norman both (2.) The King's Court and must not be confounded with 5), and was the original of mannagemot, or Thegnmen's an aristocratic court of original King's thegns or tenants in capite fessor was called the Aula Court and the Exchequer courts of the Norman period. body of great men attendant on the successor of the Aula regis, tion. By the use of writs it ular courts; and, differing in regis, had appellate jurisdiction tury, a smaller King's Court was pointed to hear complaints; appointed to act both on circuit as the Bencli. The earlier and (6.) the King's Council, followed pellate jurisdiction over the was the origin of the Privy the King's Bench (Court, 8). In modem times, up to the passing (7.) Superior courts of common of Chancery (Court, 15), formed the kingdom, were (8.) the King's Pleas; and (11.) the Exchequer. I. Bancus Regis, in: he runs, it runs. The superior common-law: — 1. Witeuagemote. This Anglo-Saxon times, and was an the nation, who met to make to provide for the general welthey adjudged upon disputes men, cleric and lay. Its funcchiefly the former. It was period by a similar body called (3.) the Great Council, which the King's Court proper (Court, Parhament. 4. The Thenning- Court, in Saxon times was jurisdiction, open only to the; and under Edward the Con-

in old English practice, was when the tenant in a real action, after once appearing and being present in court, failed to appear upon demand. For being in contemplation of law actually in court at the time when he was demanded, he was considered as having actually departed in despite or contempt of the court.* Boscoe*8 Real Act. 283, 284.

practice, a court is an sence of the judges, or a competent number of them, and a clerk or prothonotary, at the time during which, and at the place where it is by law authorised to be held; and the performance of some public act, indicative of a design to perform the functions of a court.

In another sense, the judges, clerk or prothonotary, counsellors and ministerial officers, are said to constitute the court. According to Lord Coke, a court is a place where justice is judicially administered. Co. Litt. 58,a. The judges alone, are also called the court, Vide 6 Vin. Ab. 484; Wheat. Dig. 127; Merl. Rép. h. t; 3 Com. Dig. 300; 8 Id. 386; Dane’s Ab. Index, h. t.