crown are cognizable by a grand feffions, and civil matters by a diftinct court, called the Common- Pleas. In fome of the UnitedStates, (as in the Carolinas, Virginia, Maryland, Connecticut, and New-Hampshire,) they have courts in each county which decide queftions of property to a large amount, but with an appeal to the Superior Court which decides matters in the first in In ftance (usually where the demand is not lefs than one hundred pounds,) that exceed the jurifdiction of the county courts. others, (as in Pennsylvania, New-York, New-Jerfey, and Maffachusetts,) the judges of the fuperior courts take their respective circuits through the States twice a year. In fome of the States there are courts of chancery, (as in the Carolinas, Virginia, Chancery, New-Jersey, and New-York,j in others not, but the judges are invested with powers of equitizing, fimilar to thofe of a chancellor. From the decifions of the chancery the usual appeal is to the governor and council, From the decifions of the court of chan- Appeal, cery (in the British Provinces and the WeftIndies,) an appeal lies to the King in council in England, to whom the proceedings must be tranfmitted, and the party appeal ing Ld. Raym, ing muft proceed within a year after the appeal is allowed. 2447. Vaugh. R. 290. 402. Show. Parl. cafes. 33. Nova-Scotia, New-Brunf mada. Canada, conftitution; But a caufe cannot be tranfmitted from difficulty, but must be determined one way or other. A writ of error lies to reverse a judgment in any of the dominions belonging to England. The common law is established in the wick, and Ca- provinces of Nova-Scotia, and New-Brunfwick, and by the 14th Geo. 3. c. 38. the criminal law of England, in Canada alfo, The conftitution of this province is founded on the ftatute of the 14th Geo. 3. called the Quebec Bill. By that bill the legiflature is vefted in the governor and legislative council. The council is compofed of the lieutenant-governor, chiefjuftice, and fecretary for the time being, and twenty other members. They are appointed by the crown and receive each a falary of one hundred pounds per annum. They confift of near one half French members. Their power extends to all the neceffary purposes of government except the levying taxes which the ftatute inhibits, The In crown are cognizable by a grand feffions, and civil matters by a diftinct court, called the Common-Pleas. In fome of the UnitedStates, (as in the Carolinas, Virginia, Maryland, Connecticut, and New-Hampshire,) they have courts in each county which decide queftions of property to a large amount, but with an appeal to the Superior Court which decides matters in the first inftance (usually where the demand is not lefs than one hundred pounds,) that exceed the jurifdiction of the county courts. others, (as in Pennsylvania, New-York, New-Jersey, and Massachusetts,) the judges of the fuperior courts take their respective circuits through the States twice a year. In fome of the States there are courts of chancery, (as in the Carolinas, Virginia, Chancery, New-Jersey, and New-York,j in others not, but the judges are invefted with powers of equitizing, fimilar to thofe of a chancellor. From the decifions of the chancery the usual appeal is to the governor and council. From the decifions of the court of chan- Appeal, cery (in the British Provinces and the WeftIndies,) an appeal lies to the King in council in England, to whom the proceedings must be tranfmitted, and the party appeal ing New-Brunf. wick. Practice of the Judicial pow er vested in one fupreme court, and inferior by Congrefs. and representatives of the people are chofen from the freeholders and burgeffes of the counties, like the Commons of England. The governor's power formerly extended not only over the Peninfula, but also to the ifland of Cape-Breton, and to that tract of country which reaches from the Bay of Fundy to the South fhore of the river St. Laurence. Great-Britain wifely confidering the inconvenience refulting from the distance of the courts of law and houses of legiflation, has fince divided this province into two distinct governments, and given to the Fatter (now denominated New-Brunswick,) the fame conftitution and laws. The mode of practice in the courts of both these Provinces are as near as poffible fimilar to thofe of Westminster-Hall. By the late conftitution the judicial power of the United-States is vefted in one Su fets appointed preme Court, and in fuch inferior courts as Congrefs fhall establish, the judges thereof holding their offices during good beha viour, &c. Extent of jurif diction The judicial power extends to all cafes in law or equity arifing under the conftitu tion, the laws of the United-States; and Treaties. treaties made under their authority. To &c. all, cafes affecting ambaffadors or other Ambaffadors, public minifters and confuls; to all cafes of admiralty and maritime jurisdiction; to Admiralty. controverfies to which the United-States State contro verfies, &c. fhall be a party; to controverfies between. two or more States, between a State and citizens of another State; between citizens of different States; between citizens of the fame State claiming lands under the grants of different States; and between a State or the citizens thereof, and foreign States, citizens or fubjects. other public In cafes affecting ambaffadors and other Confuls and public ministers and confuls, and thofe in minifters. which a State are party, the fupreme court jurifdiction, Where original has original jurifdiction. In all cafes before-mentioned, the fupreme court has appellate jurifdiction both as to law and fact. The trial of all crimes, except in cafes of impeachment, are by jury, and fuch trial must be in the State where the crime is committed, except in cafes of impeachment, and when not committed in any State, where Congress directs. and where ap pellate. Trial by jury, crimes except &c. of all impeachments. |