the business of the term should be transacted. Court terms may be, and frequently are, extended to a period of time beyond their limits. A court regularly convened continues open until actually adjourned. 17°

63. The general classification of all courts is courts of record and courts not of record. As to jurisdiction there are civil courts; criminal courts; probate courts; appellate courts; supreme, superior, and inferior courts; courts of law and courts of equity; courts of general and courts of limited or special jurisdiction; provisional courts; courts martial; besides innumerable other minor and distinct courts.

It is within the scope of this subject to briefly explain the first general classification and to treat generally of the other classes. The principal systems of countries and states are so different that a description in detail of each class will not be attempted.

DEFINITIONS

64. A court of record is one whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony, which rolls are called the records of the court, and are such high and supereminent authority that their truth is not to be called in question.

Courts not of record were formerly defined as tribunals of inferior dignity, the proceedings of which were not enrolled. But, really, the proceedings of every court are recorded in some form, and the old distinction of courts of record and courts not of record, once effective in the days of courts-baron, in England, is now of no general consequence.'

171

Courts of record have an inherent power to make rules for the transaction of their business, provided they do not contravene the laws of the land. Without this power, it would be impossible for courts of justice to despatch the public business. Delays would be interminable, and delay not infrequently is the object of one of the parties. All courts, therefore, must have stated rules to go by,

170 38 Pa. 270 (1861); 53 Barb. (N. Y.) 412 (1867).

171 34 Cal. 422 (1868).

and they are the most proper judges of their own rules of practice."""

Courts of law are those which administer justice according to the principles of the common law. In courts of equity, the proceedings are wholly according to the principles of equity."""

Courts of general jurisdiction are those which take cognizance of all causes, civil or criminal, of a particular nature. Courts of limited or special jurisdiction are those which have jurisdiction over a few matters only."

A civil court is a tribunal instituted for the enforcement of private rights and the redress of private wrongs. A criminal court is one for the redress of public wrongs, crimes, and misdemeanors.'

175

An inferior court is one which is subordinate to another or is of limited jurisdiction."

A superior court is one with controlling authority over some other court or courts, and with certain original jurisdiction of its own.'

177

A supreme court is a tribunal of the highest jurisdiction; also, a court higher than some other court or courts, but not necessarily of last resort.'

178

Provisional courts are tribunals which are temporarily established in conquered territory by military authority.

A court martial is a military or naval tribunal, which has jurisdiction of offenses against the law of the service, military or naval, in which the offender is engaged.""

Appellate courts are those which take cognizance of cases removed from another court by appeal or writ of error. 180

JUDICIAL POWER IN THE UNITED STATES

65. The judicial power of the United States is vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish.'

181

The judicial power extends to all cases in law and equity, arising under the constitution, the laws of the United States and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and a citizen of another state; between citizens of different states; between citizens of the same state claiming land under grants of different states; between a state or the citizens thereof, and foreign states, citizens, or subjects.1

The laws of the several states, except where the constitution, treaties, or statutes of the United States otherwise provide, are to be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.183 Included in these are the rules of evidence prescribed by the laws of the states in which the United States courts sit."

184

The remedies in the federal courts at common law or in equity are not according to the practice of the state courts, but according to the principles of common law and equity as distinguished and defined in England, from which knowledge of these principles is derived.""

186

66. The United States courts have exclusive jurisdiction in the following cases and proceedings: (1) Of all crimes and offenses cognizable under the authority of the United States; (2) of all suits for penalties and forfeitures incurred under the laws thereof;'" (3) of all civil causes of admiralty

181 Const. U. S., Art. III, Sec. 1.

182 Const. U. S., Art. III, Sec. 2, C1. 1. 183 U. S. R. S., Sec. 712.

184 102 U. S. 165 (1880).

1856 Wall. (U. S.) 137 (1867); 100 U. S. 10 (1879).

186 U. S. R. S., Sec. 711.

1872 Dall. (U. S.) 365 (1796); 47 Me. 242 (1877).

or maritime jurisdiction, saving to suitors the right of such remedy as the common law is competent to give; (4) of all seizures under federal law not within admiralty and maritime jurisdiction; (5) of all cases arising under patent right or copyright laws;18 (6) of all matters in bankruptcy;' (7) of all controversies of a civil nature where a state is a party, except between a state and its own citizens, citizens of other states, or aliens."

190

As at present constituted, the federal tribunals are the supreme court, the circuit court of appeals, circuit courts, district courts, territorial courts, supreme court of the District of Columbia, and the court of claims.

SUPREME COURT

67. The supreme court of the United States has original jurisdiction in all cases affecting ambassadors, other public members and consuls, and those in which a state is a party. It may also issue writs of mandamus, habeas corpus, and prohibition in certain specified cases."""

191

In the following cases, appeals and writs of error may be taken directly to the supreme court from the federal, circuit, or district courts:

(1) In any case that involves the construction or application of the constitution of the United States; (2) in any case in which the constitutionality of any law of the United States or the validity or interpretation of any public treaty is concerned; (3) where the constitution or law of a state is alleged to be at variance with the federal constitution; (4) in convictions of capital or other infamous crimes; (5) where the jurisdiction of the court is in question;"" and (6) from the final decrees and sentences in prize causes.

=

1887 Johns. (N. Y.) 145 (1810); 47 N. Y.

535 (1872).

189 119 Mass. 434 (1876).

190 29 Ark. 649 (1874).

193

192 U. S. R. S., Secs. 688, 751; 142 U. S. 651 (1891).

193 140 U. S. 200 (1890).

194 141 U. S. 661 (1891).

1913 Pet. (U. S.) 461 (1830); 2 Dall. (U. S.) 402 (1792).

CIRCUIT COURT OF APPEALS

195

68. The act of congress under which the circuit court of appeals was created,' provides for the distribution of the entire appellate jurisdiction of the national judicial system between the supreme court and the court of appeals, by designating the classes of cases in respect of which each of those two courts should respectively have final jurisdiction. Its jurisdiction extends to all those appeals or writs of error from the district and circuit courts which are not directly appealable to the supreme court. The amount involved in the suit is immaterial, if the case be otherwise within the jurisdiction of the court.

196

CIRCUIT COURTS

69. The jurisdiction of the circuit courts is such as congress confers. In general, its cognizance extends to civil. suits involving more than two thousand dollars, exclusive of both interest and costs, and arising under the constitution, laws or treaties of the United States, or in which the United States are plaintiffs, or in which the controversy is between different states, or citizens of a state and foreign states, citizens and subjects."""

Included in its jurisdiction are cases arising under laws providing for internal revenue, postal laws, patent and copyright laws; proceedings for penalties incurred by a merchant vessel in carrying passengers; suits by or against a national banking association; matters involving the elective franchise and other civil rights belonging to citizens of the United States; also, jurisdiction of all crimes and offenses cognizable under the authority of the United States, except when otherwise provided, and concurrent jurisdiction with district courts of offenses cognizable therein.19 There are nine circuits in the United States, each of which is within the jurisdiction of · a circuit court.

195 Act of March 3, 1891, c. 517; 141 U. S. 664 (1891); 48 Fed. Rep. 850 (1891); 26 Stat. at L. 826.

196 18 Wall. 577 (1873).

197 Anderson's Law Dict.

198 U. S. R. S., Sec. 629; Act of March 3,

1875, 18 Stat. at L. 470.