Court Baron

A domestic court, incident to every manor, to be held by the steward within the manor, for redressing misdemeanors and nuisances therein, and for settling disputes among the tenants relating to property. It is not a court of record. Customary court baron is one appertaining entirely to copyholders. See "Customary Court Baron." Freeholders' court baron is one held before the freeholders who owe suit and service to the manor. It is the court baron proper. Thesfe courts have now fallen into great disuse in England, and provision is made by St. 9 & 10 Vict. c. 95, § 14, enabling the lord of any manor which has a court in which debts or demands are recoverable to surrender to the crown the right of holding such court, and, upon such surrender, the court is discontinued, and the right of holding it ceases. In the state of New York, such courts were held while the state was a province. See charters,in Bolton's History of New Chester. The court has derived its name from the fact that it was the court of the baron or lord of the manor (3 Sharswood, Bl. Comm. 33, note. See Fleta, lib. 2, c. 53), though it is explained by some as being the court of the freeholders, who were in some instances called barons (Co. Litt. 58a). COURT FOR CROWN CASES RESERVed. The.court created by St. 11 & 12 Vict. c. 78, for the decision of questions of law arising on the trial of a person convicted.of treason, felony, or misdemeanor (e. g., at the central criminal court, the assizes, or quarter sessions), and reserved by the judge or justices at the trial, for the consideration of the court. For this purpose, the judge or justices state and sign a case setting forth the question and the facts out of which it arises. Archb. Crim. PI. 191. The jurisdiction is now exercised by the judges of the high court of justice, or five of them, at the least. Their decision is final. Judicature Act 1873, §§ 47, 100. COURT FOR DIVORCE AND MATRIMOnial causes.

In English law. A court which has the jurisdiction formerly exercised by the ecclesiastical courts in respect of divorces a mensa et thoro, suits of nullity of marriage, suits of jactitation of marriage, suits for restitution of conjugal rights, and all suits, causes, and matters matrimonial. It consists of the lord chancellor and the justices of the queen's bench, the common pleas, the exchequer, and the judge of the court of probate, who is entitled "Judge ordinary." The judge ordinary exercises all the powers of the court, except petitions for dissolving or annulling marriages, and applications for new trials of matters of fact, bills of exception, special verdict and special cases, for hearing which excepted cases he must be joined by two of the other judges. certain judicial persons to act in such absence. Juries may be summoned to try matters of fact, and such trials are conducted in the same manner as jury trials at common law. See St. 20 & 21 Vict. c. 85; St. 21 & 22 Vict. c. 108; St. 22 & 23 Vict. c. 61. COURT FOR THE RELIEF OF INSOLvent debtors in England.

In English law. A local court which has its sittings in London only, which receives the petitions of insolvent debtors, and decides upon the question of granting a discharge. It is held by the commissioners of bankruptcy, and its decisions, if in favor of a discharge, are not reversible by any other tribunal. See 3 Steph. Commi. 426; 4 Steph. Comm. 287, 288. COURT FOR THE TRIAL OF IMPEACHments. A tribunal for determining the guilt or innocence of any person properly impeached. In England, the house of lords, and in this country, generally, the more select branch of the legislative assembly, constitutes a court for the trial of impeachments. See "Impeachment."

A domestic court, incident to every manor, held by the steward within the manor, for redressing misdemeanors and nuisances therein, and for settling disputes among the tenants relating to property. It is not a court of record. 1 Poll. & Maitl. Hist E. L. 580. Coke (1st Inst. 58 o) speaks of the Court Baron as of two natures; the first, by the common law, called a court baron, a freeholders' court where they are the judges; the second, a customary court, in which the lord or his steward is the judge. Blackstone (3 Com. 33) says that, though in their nature distinct, they are frequently confounded together. Later writers doubt if there were two courts; 1 Poll. & Maitl. Hist. E. L. 580. Their jurisdiction was practically abolished by the County Courts Act, 30 and 31 Vict. c. 142, s. 28; 3 Steph. Com. 279. In the state of New York such courts were held while the state was a province. See charters in Bolton's Hist, of New Chester. A deed of Wm. Penn to Letitia Penn for a manor in Pennsylvania granted the privilege of holding court baron; Myers, Immigration of Quakers 127. They existed in Maryland; Hall, The Lords Baltimore, etc. The court derived its name from the fact that it was the court of the baron or lord of the manor. 3 Bla. Com. 33, n.; see Fleta, lib. 2, c. 53; though it is explained by some as being the court of the freeholders, who were in some instances called barons. Co. Litt. 58 a. The lord's steward usually presided. From the 13th century he was a lawyer. All kinds of personal actions (where the cause of action did not exceed 40 shillings in value) were tried there; contracts, trespass, libel, slander, assault, etc. Both the common law and chancery courts interfered to protect suitors if injustice were done. The jurisdiction of the customary court declined and all that it was used for was copyhold conveyancing business; 1 Poll. & Maitl. 578.

In English law. A court which, although not one of record, is incident to every manor, and cannot be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings, Wharton. Freeholders’ court-baron is one held before the freeholders whe owe suit and service to the manor. It is the court-baron proper.

[L. Lat. curia haronis.Ji An inferior court of civil jurisdiction in England, attached to a manor, being an inseparable incident thereto, and holden by the steward within the manor. 3 Bl. Com. 33. 1 Reeves^ Hist. Eng. Law, 7. 9 Co; pref. See Manor. It is of two natures; the court baron proper, and customary court. The former is a court of common law, not of record, and is held before the freeholders who owe suit and service to the manor, such suitors being the judges of the court, the steward acting rather as registrar. 3 Bl. Com. 33. 3 Steph. Com. 393. 1 Crabh's Real Prop. 490, 491, § 63 L The most important business of this court formerly was to determine, by writ of right, all controversies relating to the right of lands within the manor; and it may still hold plea of any personal actions of debt, trespass on the case, or the like, where the debt or damages do not amount to forty shillings. 3 Bl. Com. 33. 1 Crahh's Real Prop. 491—493, §§ 631—634. 3 Steph. Com. 393. This court, however, is now fallen into almost entire disuse. Id. 394. The customary court is that which appertains entirely to the copyholders, in which their estates are transferred by surrender and admittance, and other matters transacted relative to these tenures only. 3 Bl. Com. S3. Co. Litt. 58 a. The steward is the judge of this court, the suitors acting merely as his assistants. The copyholders attending to their fealty at this court are called the homage. 1 Crah Vs Real Prop. 494, § 635. See Homage. The court baron is supposed by some to be so called, as being the court of the barons, {curia baronum,) or freeholders; baron having formerly had the sejise of freeholder or freeman. Co. Litt. 58 a. 3 Bl. Com. 33. The more obvious explanation seems to be that it is the court of the baron {curia baronis,) or lord of the manor, manors being formerly called baronies, and their lords barwis. 4 Inst. 268. 2 Bl. Com. 90. Cowell.