FREE BOOKS

Author's List




PREV.   NEXT  
|<   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503  
504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   >>   >|  
is concerned. "To these I will add the Court of _Delegates_; to which high court appeals do lie from any of the former courts. This is the highest court for civil causes. It was established by an Act in the 25th Henry VIII., cap. 19, wherein it was enacted, 'That it should be lawful, for lack of justice at or in any of the Archbishop's courts, for the parties grieved to appeal to the King's Majesty in his Court of Chancery; and that, upon any such appeal, a commission under the Great Seal should be directed to such persons as should be named by the king's highness (like as in case of appeal from the Admiralty Court), to determine such appeals, and the cases concerning the same. And no further appeals to be had or made from the said commissioners for the same.' These commissioners are appointed judges only for that turn; and they are commonly of the spiritualty, or bishops; of the common law, as judges of Westminster Hall; as well as those of the civil law. And these are mixed one with another, according to the nature of the cause. "Lastly, sometimes a Commission of _Review_ is granted by the king under the Broad Seal, to consider and judge again what was decreed in the Court of Delegates. But this is but seldom, and upon great, and such as shall be judged just, causes by the Lord Keeper or High Chancellor. And this done purely by the king's prerogative, since by the Act for Delegates no further appeals were to be laid or made from those commissioners, as was mentioned before." The Act 20 & 21 Vict., cap. 77, called "The Court of Probate Act, 1857," received the royal assent on the 25th of August, 1857. This is the great act which established the Court of Probate, and abolished the jurisdiction of the courts ecclesiastical. The following, says Mr. Forster, are some of the benefits resulting from the reform of the Ecclesiastical Courts:-- That reform has reduced the depositaries for wills in this country from nearly 400 to 40. It has brought complicated testamentary proceedings into a system governed by one vigilant court. It has relieved the public anxiety respecting "the doom of English wills" by placing them in the custody of responsible men. It has thrown open the courts of law to the entire legal profession. It has given the public the right to prove wills or obtain letters of administration without professional assistance. It has given to literary men an i
PREV.   NEXT  
|<   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503  
504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   >>   >|  



Top keywords:

appeals

 
courts
 
appeal
 

commissioners

 
Delegates
 
Probate
 
public
 

judges

 

reform

 

established


August
 
administration
 

Forster

 
abolished
 
jurisdiction
 

ecclesiastical

 
received
 

mentioned

 

purely

 

prerogative


literary

 

professional

 

benefits

 

assistance

 

called

 

assent

 

Chancellor

 
relieved
 
entire
 

vigilant


system

 

governed

 
thrown
 

English

 

placing

 

custody

 

responsible

 

anxiety

 

respecting

 
profession

reduced

 

depositaries

 

obtain

 

Courts

 
letters
 

Ecclesiastical

 

country

 

complicated

 

testamentary

 

proceedings