FREE BOOKS

Author's List




PREV.   NEXT  
|<   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244  
245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   >>   >|  
ls within the judicial system were once numerous and extremely complex. As reconstituted, however, by the great Judicature Act of 1873, which, together with an Amending Act, took effect near the close of 1875, they have acquired a considerable degree of orderliness and even of simplicity. The measure of 1873 abolished the appellate jurisdiction of the House of Lords, but the Amending Act three years later rescinded this modification, and, as has been explained elsewhere, the House of Lords is still a court of very great importance.[251] Aside from the Lords, however, the higher courts of the realm--the Chancery, the three great Common Law courts, the Admiralty, Probate, and Divorce courts, and the intermediate courts of appeal from these tribunals of first instance--were consolidated by the legislation of 1873-1875 to form one grand organization, the Supreme Court of Judicature, which was thereupon cut into two branches, the High Court of Justice and the Court of Appeal. The High Court of Justice was assigned a general jurisdiction, civil and criminal, as a court of first instance and also as a court of (p. 174) appeal from inferior courts. Its jurisdiction represents essentially the aggregate of jurisdictions of the tribunals which it superseded, and the various divisions into which it falls perpetuate in a measure the names and functions of those tribunals. There were originally five of these divisions. To-day there are three: Chancery, King's Bench (with which the Common Pleas and Exchequer divisions were united by order in council of December 16, 1880), and Probate, Divorce, and Admiralty. Any High Court judge may sit in a tribunal belonging to any one of these divisions. The Lord Chancellor presides over the Chancery division, the Chief Justice over the King's Bench. The number of judges is variable. The Chancery division contains at present six, the King's Bench fifteen, and the Probate, Divorce, and Admiralty division but two. All save the Chancellor (who is a cabinet official, owing his position to selection by the premier) are appointed by the crown upon advice of the Chancellor, and all hold office during good behavior but may be dismissed on addresses of the two houses of Parliament. The judges of the High Court sit both singly and in groups. The ordinary trial of cases is conducted, under a variety of stipulated conditions, by a single judge, either at Westminster or on circuit. The judges who go on circ
PREV.   NEXT  
|<   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244  
245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   >>   >|  



Top keywords:

courts

 

divisions

 

Chancery

 

jurisdiction

 

Justice

 

division

 

tribunals

 

Divorce

 
Probate
 
Admiralty

judges

 

Chancellor

 
Common
 

Amending

 

Judicature

 

appeal

 

measure

 
instance
 

united

 
Exchequer

present

 
number
 

belonging

 

tribunal

 

council

 

variable

 

December

 

presides

 

position

 

ordinary


conducted
 

groups

 
singly
 

houses

 

Parliament

 

variety

 

circuit

 

Westminster

 

stipulated

 

conditions


single

 

addresses

 

dismissed

 

selection

 

premier

 

official

 
cabinet
 

appointed

 

behavior

 

office