Page:The New International Encyclopædia 1st ed. v. 05.djvu/591

This page has been proofread, but needs to be validated.
COURT.
507
COURT.

the Federal Constitution, and because there is no State Church in any of our commonwealths. That part of the powers of the English ecclesiastical courts relating to the estates of deceased persons and kindred subjects has been devolved in many States upon tribunals bearing various names, such as surrogates', probate, or orphans' courts. Most of the local or inferior courts, however, as well as the superior courts of law and of equity, were copied by State constitutions and statutes from English originals. In many of the States courts of chancery (q.v.) and of common law (q.v.) have been united into a single supreme court. It is impossible in this article to describe the judiciary system of each of the States, for in matters of detail they differ not a little; but a brief sketch of the New York courts will give the reader an idea of those existing in other States.

(a) To some extent these courts correspond to the territorial subdivisions of the State. For example, each town (q.v.)—the territorial unit in New York—is required to elect justices of the peace (q.v.), who are empowered to hold courts and to exercise a limited criminal as well as civil jurisdiction. In each county a county court is provided for, and also a surrogate's court; although in some counties these courts are held by the same judge. Other local courts, with a limited jurisdiction, have been erected by the Legislature, especially in cities and large villages. The Supreme Court possesses a general jurisdiction in law and equity throughout the State. It is composed (1902) of seventy-six justices, each of which is empowered to hold court in any county, although they are not elected by the State at large, but each is chosen by the electors in one of the eight judicial districts into which the State is divided. Some of these justices hold courts for the trial of cases or the determination of motions; while others, upon the selection of the Governor, constitute four courts of appeal, called appellate divisions, the State being divided into four departments, in each of which one of these courts has appellate jurisdiction. From determination by an appellate division an appeal may be taken in many cases (see Art. VI., § 9, of New York Constitution) to the Court of Appeals, the highest regular judicial tribunal of the State, from whose decision there is no appeal. It consists of a chief judge and six associate judges. A Court of Impeachments is also provided for by the State Constitution. This, however, is not a regular, but an extraordinary, tribunal, which rarely assembles.

(b) In some States the Supreme Court possesses original jurisdiction, and is also the final court of appeals. That is the case in Massachusetts, where an action brought in the Supreme Court may be tried and decided by a single justice, and from his decision an appeal may be taken to the full court. In that State the Supreme Court is the final tribunal for appeals from the decisions of a single justice; also from the Probate Court, the Insolvency Court, and the Superior Court—the Superior Court, in turn, possessing both original and appellate jurisdiction, appeals running to it from municipal, district, police, and justice courts.

Consult: Encyclopædia of the Laws of England (London, 1897); Curtis, Jurisdiction of the United States Courts (2d ed., Boston, 1896); Foster, Treatise on Federal Practice (Chicago, 1901); Cummings and Gilbert, Official Court Rules of New York (New York, 1900); The United States Constitution and Revised Statutes; the Constitutions and Statutes of the several States. For a separate treatment of special courts, see individual titles such as Common Pleas, Court of; Surrogate; Courts, Military; Probate Court; Arches, Courts of; Supreme Court of the United States; etc. Consult also the authorities referred to under such titles as Civil Law; Admiralty Law; Pleading; etc.

COURT. A name originally applied to the square or space inclosed by the buildings of a feudal castle. In time it came to denote the persons immediately surrounding a feudal chief or superior. Its application is now confined to the residence and surroundings of sovereign princes, together with such persons of distinction as are in the habit of approaching the monarch and of associating with the other members of the royal family, both in a public and a private capacity.

COURT, Presentation at. What in monarchical countries is considered the honor of being presented at Court or formally introduced to the sovereign, is valued not only for the éclat of the ceremonial, but also for its service as a credential. Having been received by his own sovereign, a person may expect to be received anywhere else, and may claim to be presented by the representative of his country at any foreign Court. The privilege is therefore carefully guarded from abuse; and during her long reign, Queen Victoria exercised the most scrupulous personal supervision over the names of those who sought the honor, excluding all whose reputation was in the slightest degree tarnished. In England the names of those desiring to be presented, and of their presenters, must be sent to the Lord Chamberlain's office several days previously for approbation. Those who are not British subjects may be presented by their own ambassador. An elaborate ceremonial, including the wearing of full Court dress, is connected with the ceremony. For fuller information as to court dress, etc., consult Armytage, Old Customs and Modern Court Rules (London, 1883).

COURT, ko͞or, Antoine (1696-1760). A French Reformer called the ‘Restorer of Protestantism in France.’ He was born at Villeneuve de Berg, in Languedoc, March 27, 1695. His parents were peasants, adherents of the Reformed Church, which was then undergoing cruel persecution. When but seventeen years old Court began to speak at the secret meetings of the Protestants, held literally ‘in dens and caves of the earth,’ and often in darkness, with no pastor present to teach or counsel. He entertained a great desire to build up the Church so ruthlessly persecuted; and to this end he proposed four things: (1) regular religious meetings for teaching and worship; (2) suppression of the fanaticism of those who professed to be inspired, and of the consequent disorders; (3) restoration of discipline by the establishment of consistories, conferences, and synods; (4) the careful training of a body of pastors. To the performance of this great task he devoted his life. From audiences of half a dozen meeting in secret, he came to address openly 10,000 at one time. In

Vol. V.—33.