A general abridgment and digest of American law Volume 6 ; with occasional notes and comments - Softcover

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1823 Excerpt: ...considered. § 3. In England the king may appoint as many courts as i Woodeshe pleases, to proceed according to the general law. A power sni 97 to to fine, constitutes a court of record, and only such court can 110 fine, (except for contempts in the face of the court.) The proceedings of a court of record are triable only by inspection of the record, as to the fact thereof having existed; they are removeable by writ of error after judgment rendered, and by cerliorari before. They can protect and discharge suitors and witnesses from arrests in going to, and returning from court, and attending at them. Each justice of the peace, acting separately, is a judge of record; and so is the sessions a court of record. A court not of record cannot try a trespass vi et amis, because it cannot assess a fine. Its proceedings are tried, as to the truth of their existence, like other matters of fact, by a jury: are removeable by writ of false judgment; not by writ of error or cerliorari. § 4. Wherever there is a power in a court, de nmo erect-3 Bi. Com. ed by statute, to convict and fine, or imprison, there is a 25.--12 Mod. court of record; but error does not lie if the mode of pro-8 J eeeding be tmknown to the common law, though certiorari Error, Ch. does. 137.--Salt. § 5. "The Supreme courts of common law occasionally, ana and in certain cases, pay a regard to, and govern themselves by the law of nations; and particularly mercantile customs, which are a part of it; and both are said to be a part of the law of England, being adopted in matters pertinent to them." So both are a part of our law. Admiralty courts pay special regard to the civil law; the l Woode»maritime customs of civilized nations; the laws of Oleron; son138customs of the Briti...