Course

The direction in which
a line runs in surveying.

2. — When there are no monuments,
(q. v.) the land must be bounded by
the courses and distances mentioned in
the patent or deed. 4 Wheat. 444 ; 3 1
Pet. 96 ; 3 Murph. 82; 2 Hnr. dc John. |
267 ; 5 liar. & John. 254 ; when the I

lines are actually marked, they must
be adhered to, though they vury
from the course mentioned in tlio
deeds. 2 Overt. 304; 7 Wheat. 7.
Sec 3 Call, 239 ; 7 Monr. 333. Vide
Boundary; Line.

COURT, practice, a court is an in-
corporeal political being, which requires
for its existence, the presence of the
judges, or a competent number of them,
and a clerk or prothonotary, at the
time during which, and at the place
where it is by law authorised to be
held ; and the jierformnnce of some
public act, indicative of a design to
perform the functions of a court.

2. — In another sense, the judges,
clerk, or prothonotary, counsellors and
ministerial officers, arc said to consti-
tute the court.

3. — According to Lord Coke, a court
is a place where justice is judicially
administered. Co. Litt. 58, a.

4. — The judges alone, are also called
the court. Vide 0 Vin. Ab. 484;
Wheat. Dig. 127 ; Merl. Rep. h. t. ; 3
Com. Dig. 300 ; 8 Id. 386 ; Dane’s
Ab. Index, h. t.

5. — Courts are of various kinds;
when considered ns to their powers,
they arc of record and not of record,
Bac. Ab. Courts, D ; when compared
to each other, they are supreme, supe-
rior, and interior, Id.; when examined
as to their original jurisdiction, they
are civil or criminal ; when viewed as
to their territorial jurisdiction, they are
central, or local ; when divided as to
their object, they are courts of law,
courts of equity, courts martial, admi-
ralty courts, and ecclesiastical courts.
They arc also courts of original juris-
diction, courts of error, and courts of
appeal. Vide Open Court.

Court of arches, eccL laic , is the
most ancient consistory court belonging
to the archbishop of Canterbury tor the
trial of spiritual causes. It is so called,
because it was anciently held in the
church ol Saint JSIary le bow ; which
church had that appellation from its
steeple, which was raised at top with
stone pillars, in the manner of an arch
or bow. Tcrmes de la Ley.

cou

cou

355

Court of admiralty, is a court
having jurisdiction of all maritime
causes. Vide Admiralty; Courts of
live United States; Instance Courts;
Prize Court. 2 Chit. Pr. 508 to
638.

Court of audience, Eng. reel, law ,
the name of a court kept by the arch-
bishop in his palace, in which are
transacted matters of form only ; as
confirmation of bishops, elections, con-
secrations, 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 w hen
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 w hich
originate in tho common pleas.

2. — There arc 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. laic.
The name of a court in London. It
has equity jurisdiction in certain cases.
The reader i3 referred to Bac. Ab.
Courts in London, 2.

Court of convocation, cedes, law,
is the name of an English ecclesiasti-
cal court. It is composed of every
bishop, dean, and archdeacon, a proc-
tor lor the chapter, and two proctors
for the clergy of each diocese in the
province of Canterbury ; for the pro-
vince of York, there arc two proctors
for each archdeaconry.

2. — This assembly meet at the time
appointed in the king’s writ, and con-
stitute an ecclesiastical parliament.
The archbishop and his suffragans, as
his peers, arc sitting together, and com-
posing one house, called the upper
house of convocation ; the deans, arch-
deacons, and a proctor for the chapter,
and two proctors for the clergy, the
lower house. In this house a prolo-

cutor, performing the duty of a presi-
dent, is elected,

3. — The jurisdiction of this tribunal
extends to matters of heresy, schisms,
and other mere spiritual or ecclesias-
tical causes. Bac. Ab. Ecclesiastical
Courts, A 1.

Court of exchequer, Eng. law ,
is a court of record anciently estab-
lished for the trial of all matters re-
lating to the revenue of the crown.
Bac. Ab. h. t.

Court of faculties, Eng. reel,
law. The name of a court which be-
longs to tho archbishop, in which his
officer, called nwgistcr a/l facu hates ,
grants dispensations to marry, to cat
flesh on days prohibited, or to ordain
a deacon under age, and the like. 4
Inst. 337.

Court, instance. One of the
branches of the English admiralty is
called an instuncc court. Vide In-
stance Court.

Court of inquiry. A court con-
stituted by authority of the articles of
war, invested with the power to ex-
amine into the nature of any transac-
tion, accusation, or imputation against
any officer or soldier ; the said court
shall consist of one or more officers,
not exceeding three, and a judge advo-
cate, or other suitable person, ns a re-
corder, to reduce tho proceedings and
evidence to writing, all of whom shall
be sworn to the performance of their
duty. Art. 91. Gord. Dig. Laws, U.
S., art. 3558 to 3500.

Court of kino’s bench. The
name of the supreme court of law in
England. Vide King's llcnch.

Court martial, is .a court autho-
rised by the articles of war, for the
trial of all offenders in the army or
navy, for military offences. Article
64, directs that general courts-martials,
may consist of any number of com-
missioned officers, from five to thirteen,
l inclusively ; but they shall not consist
of less than thirteen, where the num-
ber can 1)C convened, without manifest
injury to the service.

2. — The decision of the command-
ing officer who appoints the court, as

350

COU

COU

to the number that can be convened
without injury to the .service is conclu-
sive. 12 Wheat. R, 19. Such a court
has not jurisdiction over a citizen of
the United States not employed in mili-
tary service. 12 John. R. 257. It
has merely a limited jurisdiction, and
to render its jurisdiction valid, it must
appear to have acted within such juris-
diction. 3 S. & R. 590; 11 Pick. R.
442 ; 19 John. R.7 ; 1 Rawle, R. 143.

3. — A court martial must have juris-
diction over the subject-matter of in-
quiry, and over the person; fora want
of these will render its judgment null,
and the members of the court and the
officers who execute its sentence, tres-
passers. 3 Crunch, 331. See 5
Wheat. 1; 12 Wheat. 19; l Brock.
324. Vide Gord. Dig. Laws U. S.,
urt. 3331 to 3357 ; 2 Story, L. U. S.
1000 ; and also the Treatises of Adyc,
Delafon, Hough, J. Kennedy, M. V.
Kennedy, McArthur, McNaghten, Sim-
mons and Tyler on Courts Martial ;
and 19 John. R. 7 ; 12 John. R. 257 ;
20 John. R. 343 ; 5 Wheat. R. 1 ; 1
U. S. Dig. tit. Courts, V.

Court of pf.cui.iahs, Eng. cccl.
law. The name of a court, which Is
a branch of, and annexed to, the court
of arches.

2. — 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 commis-
saries. 1 Phill. R. 202, n.

3. — There arc three sorts of pecu-

liars; 1. Royal peculiars. 3 Phill. R.
245. 2. The second sort arc those in

which the bishop lias no concurrent ju-
risdiction, 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. 245 ; Skinn. R. 539.