Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-06-12

NO longer IoIloW tne Ming Court, put pc Aciu IL
place certain This Court was formerly the great
tribunal for determining disputes Of property 1t
was styled by Sir Edward Coke I" the lock and key
of the common law" 1t had original jurisdiction
to hear and determine all pleas Of land and injuries
merely civI, and relating to real property between
subject and subject-the party wronged suing In
his own name. Hence the term common pleas as
distinguishing from pleas, in which the Sove
reign stands in the place Of plaintiff the part OF
the public This Court also holds its sittings in
Westminster Hall
The Court OF ExcHEoUER is an ancient Court
Of Record for the trial and determination OF all
causes affecting the revenue and rights OF the Grown
AS Court of Revenue, the Exchequer ascertains
tand enforces the rights Of the Grown, when the
revenue is concerned, against the subject: AS q
fCeprt Of ComHlon Law, All Pcvssadt suits between
fmbject and ssblept such as relate TO real
property, may be- determined by It. IL holds its
athngs IN westminster Hali
II Inc Common Law judges also st IN the Courts
OF Appeal, OF which tbctc are two.
The Court Of Crtmsnda Appeal was established
IN Io4S, when 1T was enacted that Courts OF Oyer
and Iermner, or Gaol Delivery, and Courts Of
Quarter Session, should have power to reserve any
question OF law arising on matters before them, for
the OF the Judges sitting as Court OF
Appear IN Crlminai Gases; any hve OF them, one
beng the chief OF superior Court, being fully au-
thorized to hear and determine such question.
| The Court Of Ercheqmer Chdn,berwas establish
ed as Court Of Appeal so far back as 31st Edward
| III, Q358.) It's constitution was remodelled by
the statutes 1lth George Nv. and 1st William Nv.
According to its present organization, the judg-
ments of each of the three Superior Common Law
Courts, in all suits whatever subject to revision
by the judges of the other two Courts, sitting col
lectively as Court OF Error in the Exchequer
Chamber
The Court OF CHANcERY is next to the House
of Lords, the highest court of judicature in the
Kingdom. Its peculiar and principal business is
the administration of equity, where the Common
Law is insufficient, or does not provide remedy !;
interfering to prevent wrong principles of uni
versal justice when the positive enactments of the
law are silent. This court does not, however, ex-
ercse an arbitrary discretion. 1t is as much bound
by precedent and acts according to fixed principles
as completely as the Courts of Common Law. The
Court OF Chancery is composed of separate tribunals,
respectively presided by the Lord Chancellor,
with the newly-created Appeal Judges, the Master
of the Rolls and the Vice Chancellors before any of
whom causes may be brought indifferently, except
ing appeals and such matters relate to lunatics
An appeal lies from the Master of the Rolls and
the Vice Chancellors to the Lord Chancellor and
the Lords Justices, and from them to the House of
Lords. The Lords justices were appointed in 1851
to facilitate the business of the Court and relieve
the Lord Chancellor The Court is constituted by
one Of the Justices sitting with the Lord Chancellor
or by both slttng apart from him. Ihe authority
OF the Lord Chancellor is preserved by provlso
giving him coordinate jurisdiction with the Court
OF Appeal and rescrving to him all the other min
isterlal duties and functions which belong to his
high ofhce The Chancellor was originally the
Soveregns chief secretary, and from the nature OF
his Office his adviser. He affixed the Kings seal
to royal grants and charters. Thus he became
the keeper OF the great SEAL and the offices OF Lord
Chancellor and Lord Keeper were declared to be
one and the same, 9th Elzabeth.) he was also an
cienty an ecclesiastic land thence was called keeper
OF the Kings conscience. Writs for summoning
Parliament are written by the Lord Chancellor.
The care OF infants and their property belongs to
him. and ne has jurisdiction over idiots and luna
tics all these classes being what is called wards in
chancery de has special jurisdiction in matters
OF bankruptcy, and In many other cases; and he
has the peculiar power of preventing person from
leaving the Kingdom by issuing OF writ of ne eredt
regno The Lord Chancellor's Court sits at West
minister Hall during Easter and Trinity terms, and
at Lncoins Inn Hall during the remainder of the
year
The MASTER OF THE ROLLS has judicial power,
and is an assistant to the Lord Chancellor when
present, and his deputy when absent. His office is
perhaps as ancient as the Court of Chancellor. He
is Prlvy Councillor; seat in the House Of Com
mons is not deemed incompatible with his Office.
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