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The Judicial System Of England

The Judicial System Of England image
Parent Issue
Day
7
Month
January
Year
1870
Copyright
Public Domain
OCR Text

The judicial 83'Stera oí üngliiml rccogDÍ7.e8 aud provides fnr two distinct branches of jurisprudenco - law and equity - and furaiflhes distinct and separate uibunals for iho administraron of each. The High Ouurt ot' (JlTaucery has as ts ehief judgo the Lord Chnnoellór, who is tho Speaker of ilie House of Lords, a Privy Councellor by bis office, and a moiuber of iho administratie). . The subordínate judges consist of threo Vico Chancellors, tho Master of the Rolls, and two Lord Jus' ices, who, with the Lord Chaneellor, fonn the Ouurt of Appcal, and froin whos'e decisions, aiul those of the Lord Chancellor, an oppcal lies to tho House of Lords, the hig'iest court in tho kiugdom, botli iu law a;id equity. Practically this court consiáts only of the Lord Chancellor aud Lord Chaiicellors, and any other law Lord, such as formerly tho late Lord Kiqgsdorn and JjOrd Weiisievdale. At present the eiiurt consistB of Lord Chancellor Hntherley, Lords Chelmsford, Wenibury, and Cairos, and Lord Colonsay, aa exScotch judgo. At present there is but one Lord Justice - Gifíbrd - Lord Westbury having declined the appointment, as bis services were reqoíred as Judge of Appeal in the Houao of Lorda. There aro threo Superior Cuiirts of Conimon Law, with six judges ia each. Tho preiding officers of eaeb are the Lord Chief Justiee of the Quoen's Bonch me Ijotu inier uscica oí tnc uominon Plein, and the Lord Chief Baron of the Exchequer. lí'rom oach of theee courts error lies to the Court of Exchequer Chatnber, which íh componed oftbe eihteeij coramoa law judges, but only thoso judges hcar the casus who are not members of the court whieh decided them below From its decisions proceeding3 n error may be taken iuto the House of Lords, which ia the supreme court of judicatura in the kingdom, baving do original jurisdictioa over case3, but onlj iu cases of appeal or error. There are other courts of a special jorisdiction, such as :lio Probate and Divorce Courts, of which Lord Pcnazance is the judíío in ordinary ; the High Court cf Aduiiralty, and the lücolersiasiical Courtn, and the Judicial Committe? of the Privy Gounoil. Besidos these, there are the County Courts, presided ovor by sixty County Court Judges. This is a localizad jurisdintion, bringinor home justice to every man'a door Besides their limited comraon law jurisdiction, they have a specifi-d jurisdioiiofi up to L600 or $2,500, arimitted adniiralty jurisdiction, and ba yond the metropoütan district from the IocüI Coui'ts of Bankruptcv, and have iilto jurisdiction in granting of probate and letters of admiuistration, ccaforred upou tiicm by various statu tes. In tuis nt-tauce they havo adopted the Atnencnn rulo, of vesting the iurisdiction in law and equity íq tho sumo jadgé. All these courts bave largo staffs of officers at bandsomo salaries. Eacli of tlio tbrec heads of tho superior courts of law havo three clerks, a principal clerk, a uhauibcr clerk, and a tbird clerk ; anfl eacb puisue judgo and baron bas tvvo ck'iks, a principal clerk and a cbamber clerk, making a private staff of thiitynine clerks for the private accouiodution of ibe commoi) law judges. Tha offices of Altoruey General, and Solicitor üciieial are the stopping stones to tho bighest judicial stations. The entireseparation of law and equity bas produced two bars an equity bar and a common law bar, and it ia so complete tliat an equity lawyer could not try a civil oase before a jury, and would not be able to examine or cross-examine a witness, and probubly never tried a criminal caso in bis lifc, and a commnjj law lawyer would bo equally lost ia the Court of Chancery. When Sir Richard Bethel], an equity awyer (siuco Lord Wcstbury), was Attoroey General, be employed Sir Fredeiick The.-iger to prosneute the director of the Brilieh Bank, and, during the rial, upon a ohauge of Mihiatry, Sir Frederiok was made Lord Chancellor by the titlo of Lord Cheltusford, and rcturned the fees, vhich wcre, we bciieve it the ratc of a tliousund K'iiueas u day. An Attorncy General, if at the cqtiïtj Jar, may bo Lord Chancellor ; if at the uommon-law bar, Lord Chief Justice of ho (jueon's Bench, as was the cuso with lie present Lord Chief Justieo Coeksiirn. The salary of the Lord Chancellor is L10,000 or 850,000, with a retiriug salary of L5,000 or $25,000. The saliry of the Lord Chief Justiuo f tho Quueu's Bench is L8,000 or 640,300. Tho salaries of tho two Cliiefs of the nnmniou Pleas and Ezchequer are L7,300 each, or 835,000.

Article

Subjects
Old News
Michigan Argus