Gambar halaman
PDF
ePub

constitution of the United States, which by the act of September 24th, 1789, was vested in the court of Kentucky district. (See above, [71].)

[ 73 ] § 2. In Wisconsin the judicial power is vested in a supreme court, district courts, probate courts and in justices of the peace. Act of April 20,1836, § 9 ; 4 Sharsw. cont. of Story's L. U. S. 2426. The supreme court shall consist of a chief justice and two associate judges, any two of whom shall be a quorum, and who shall hold a term at the seat of government of the said territory, annually; and they shall holdtheiroffices during good behaviour. The said territory shall be divided into three judicial districts; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, however, That justices of the peace shall not have jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held; and the said clerks shall also be the registers in chancery; and any vacancy in said office of clerk happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases from the final decisions of the said district courts to

the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court, shall a trial by jury be allowed in said court. The supreme court may appoint its own clerk; and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of error, and appeals from the final decisions of the said courts, in such cases, shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerks shall receive, in all such cases, the same fees which the clerk of the district court of the United States in the northern district of the state of New York receives for similar services.

[ 74 ] And by the tenth section it is enacted, that there shall be an attorney for the said territory appointed, who shall continue in office four years, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the Michigan territory. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president, who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the northern district for the state of New York; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra services.

[ 75 ] § 3. The act of June 12, 1838, to establish the territorial government of Iowa, enacts, section 9, that the judicial power of the said territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice, and two associate judges, any two of whom shall be a quorum, and who shall hold a term at the seat of government of the said territory annually, and they shall hold their offices during the term of four years. The said territory shall be divided into three judicial districts; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointment respectively, reside in the districts which shall be assigned to them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, however, That justices of the peace shall not have jurisdiction of any matter of controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And

the said supreme and district courts, respectively, shall possess a chancery as well as a common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held; and the said clerks shall also be the registers in chancery; and any vavancy in said office of clerk happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes shall be allowed in all cases, from the final decisions of the said district courts to the supreme court under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit court of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of errors and appeals from the final decisions of the said courts, in all such cases, shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerks shall receive in all such cases, the same fees which the clerks of the district courts of Wisconsin territory now receives for similar services.

[ 76 ] And by the tenth section it is enacted, that there shall be an attorney for the said territory appointed, who shall continue in office four years, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States, for the present territory of Wisconsin. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president, who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the present territory of Wisconsin; and shall, in addition, be paid the sum of two hundred dollars annually, as a compensation for extra services.

CONTENTS.

Actions for torts in admiralty, 60. Adjournment of circuit court, how made, 27. Admiralty, jurisdiction of, 57. ordinary, M. prize suits, 58. cases of salvage, 59. cases of torts, 60. suits on contracts, 61. extraordinary, 62. Aliens may be parties in circuit court, 40. Ambassadors, jurisdiction in cases of, 1.

suits by or against, 8. Appeals to supreme court when allowed, 11.

from district court, 48. Appellate jurisdiction of supreme court, 10. by writ of error to circuit court, 10. appeal*, II.

writ of error to state court, 12.
certificate from circuit court, 14.
mandamus, 15.

habeas corpus, 15.

procedendo, 15. jurisdiction of circuit court, 47. by writ of error, 47. appeal from district court, 48. certiorari to district court, 49. procedendo to district court, 50. Assignee, may sue in circuit court, when, 41.

Bankruptcy, jurisdiction of district court in

cases of, 68. Certificate of circuit court, 14. Circuit courts, 18.

organization of, 19.

jurisdiction of, 34. civil, M.

at law, M. , in equity, 51. criminal, 33. Circuits, how formed, 19. Citizens of different states may sue in circuit court, 39. Civil jurisdiction of supreme court, 7. circuit court, 34. district court, 56. Clerk of supreme court how appointed, 6.

district court, 32. Consuls, jurisdwtion of supreme court, over, 8.

district courts, over 67. Courts, central, 2.

the senate of U. S., 3. organization of, 4. jurisdiction of, 4. the supreme court, 5. organization, 6. jurisdiction, 7. local, la

the circuit courts, 18. district courts, 54. territorial courts, 72. Criminal jurisdiction of supreme court, 16. circuit courts, 53. district courts, 70. Crimes, to be tried by jury, 1.

where to be tried, 1. District of Columbia, courts in, 33. I courts how considered, 54. organization, 55. jurisdiction, 56. civil, M.

admiralty, 57. seizures on land, 64. cases of aliens, 65. suits by U. S. 66. cases of consuls, 67. bankrupt cases, 68. equity cases, 69. criminal, 70. peculiar under particular laws, 71. Equity jurisdiction of the circuit court, 51, Sr.

Equity jurisdiction of the district court, 69.

Florida, courts in, 72.

Habeas corpus jurisdiction of supreme

court in, Ill. Iowa, courts of, 75.

attorney for, 76. Judges of supreme court, how appointed, 6.

to allot themselves, 23, 24, i5, 30.

duties of, 27.

when they cannot sit, 28, 29. Judicial power, extent of, 1. Judiciary established, 1. Jurisdiction of courts of U. S., 1.

senate, 4.

supreme court, 7.

circuit court, M. Jury, crimes to be tried by, I.

civil cases when to be tried by, 8. Local courts are the circuit courts, 18.

district courts, M.

territorial courts, 72. Mandamus may be issued by supreme court, 15.

circuit court, 46. Maritime contracts, what.61. Marshal, by whom appointed, 6.

an officer of circuit court, 32. Organization of senate, 4,

supreme court, 6.

circuit courts, 19.

district courts, 55. Original jurisdiction of supreme court, 7.

circuit court, M.

district court, 56. Parties to actions, who may be.

ambassadors, public ministers or consuls, 1,8.

United States, 1, 37, 66. a state, and citizen of another state, 1. citizens of different states, 39. citizens of the same state, 44. aliens and citizens, 40, 68. assignees, 41. consuls, 67. bankrupts, 68. Patent cases, jurisdiction of circuit court in, 35.

Prize suits, jurisdiction in, 58. Procedendo, jurisdiction of supreme court in, 15. circuit court. 50. Public ministers, jurisdiction over, 8. Quorum of judges of supreme court, 6. Removal of suits from state courts, 43. Salvages,jurisdiction in cases of, 59. Supreme court established, 1. organization of, 6. jurisdiction of, 7. civil, 7. original, 7. appellate, 10. nriminal, 16.

where to be holden, 6.
when to be bolden, 6.

officers of, 6.
State, when a party to an action, 8.
Territorial courts, 72.

United States, when they may sue in supreme court, 1,

circuit court, 37.

district court, 69. Wisconsm, courts in, 73.

attorney tor, 74. Writ of error when to be issued by supreme court, 10.

to United States courts, 10.

state courts, 12.

circuit courts, 47.

COURT OF ADMIRALTY, is a court having jurisdiction of all maritime causes. Vide Admiralty; Courts of the United States; Instance Court; Prize Court. 2 Chit. Pr. 508 to 538.

COURT OF AUDIENCE, Eng. eccl. law, the name of a court kept by the archbishop in his palace, in which are transacted matters of form only; as confirmation of bishops, elections, consecrations, and the like.

COURT OF COMMON PLEAS. The name of an English court which was established on the breaking up of the aula regis for the determination of pleas merely civil. It was at first ambulatory, but was afterwards located. This jurisdiction is founded on original writs issuing out of chancery, in the cases of common persons. But when an attorney or person belonging to the court, is plaintiff, he sues by writs of privilege, and is sued by bill, which is in the nature of a petition; both which originate in the common pleas. There are courts in most of the states of the United States which bear the name of common pleas ; they have various powers and jurisdictions.

COURT OF CONSCIENCE, Eng. law. The name of a court in London. It has equity jurisdiction in certain cases. The reader is referred to Bac. Ab. Courts in London, 2.

COURT OF CONVOCATION, ecclet. law, is the name of an English ecclesiastical court. It is composed of every bishop, dean and archdeacon, a proctor for the chapter, and two proctors for the clergy of each diocese in the province of Canterbury; for the province of York, there are two proctors for each archdeaconry. This assembly meet at the time appointed in the king's writ, and constitute an ecclesiastical parliament. The archbishop and his suffragans, as his peers, are sitting together, and composing one house, called the upper house of convocation; the deans, archdeacons, a proctor for the chapter, and two proctors for the clergy, the lower house. In this house a prolocutor, performing the duty of a president, is elected. The jurisdiction of this tribunal extends to matters of heresy, schism, and other mere spiritual or ecclesiastical causes. Bac. Ab. Ecclesiastical Courts, A 1.

COURT OF EXCHEQUER, Eng. law, is a court of record anciently established for the trial of all matters relating to the revenue of the crown. Bac. Ab. h. t.

COURT OF FACULTIES, Eng. eccl. law. The name of a court which belongs to the archbishop, in which his officer, called magister ad facultates, grants dispensations to marry, to eat flesh on days prohibited, to ordain a deacon under age, and the like. 4 Inst. 337.

COURT OF KING'S BENCH. Vide King' s Bench.

COURT OF PECULIARS. Eng. eccl. law. The name of a court, which is a branch of, and annexed to, the court of arches. It has jurisdiction over all those parishes dispersed through the province of Canterbury, in the midst of other dioceses. In the other peculiars, the jurisdiction is exercised by commissaries. 1 Phill. R. 202, n. There

Vol. I.—33. 1

are three sorts of peculiars; 1. Royal peculiars. 3 Phill. R. 245. 2. The second sort are those in which the bishop has no concurrent jurisdiction, and are exempt from his visitation. 3. The third are subject to the bishop's visitation, and liable to his superintendence and jurisdiction. 3 Phill. R. 246; Skinn. R. 589.

COURT, PREROGATIVE. Vide Prerogative Court.

COURT, SUPREME. Vide Courts of the United States.

COUSIN, domett. rel. Cousins are kindred who are the issue of two brothers or two sisters, or of a brother and a sister. Those who descend from the brother or sister of the father of the person spoken of are called paternal cousins; maternal cousins are those who are descended from the brothers or sisters of the mother. Vide 2 Bro. C. C. 125; 1 Sim. & Stu. 301; 3 Russ. C. C. 140; 9 Sim. R. 386, 457.

COVENANT, remedies. The name of an action instituted for the recovery of damages for the breach of a covenant or promise under seal. 2 Ld. Raym. 1536; F. N. B. 145; Com. Dig. Pleader, 2 V 2; lb. Covenant, A 1. The subject will be considered with reference, 1, to the kind of claim or obligation on which this action may be maintained; 2, The form of the declaration; 3, The plea; 4, The judgment.

1. To support this action, there must be a breach of a promise under seal. Such promise may be contained in a deed-poll, or indenture, or be express or implied by law from the terms of the deed; or for the performance of something in future, or that something has been done; or in some cases, though it relate to something in presenti, as that the covenantor has a good title. 2 Saund. 181, b. Though, in general, it is said that covenant will not lie on a contract in presenti, as on a cove

« SebelumnyaLanjutkan »