"The evils of this double system of judicature," says the report of the judicature commission (1863-1867), "and the confusion and conflict of jurisdiction to which it has led, have been long known and acknowledged."
A more complete remedy was introduced by the Judicature Act 1873, which consolidated the courts of law and equity, and ordered that law and equity should be administered concurrently according to the rules contained in the 26th section of the act.
At the same time a supreme court of judicature was appointed, composed of a chief and three puisne judges, to exercise an indeterminate jurisdiction at Calcutta.
First there is the office or cabinet of the prefect for the general police (la police gnrale), with bureaus for various objects, such as the safety of the president of the republic, the regulation and order of public ceremonies, theatres, amusements and entertainments, &c.; secondly, the judicial police (la police judiciaire), with numerous bureaus also, in constant communication with the courts of judicature; thirdly, the administrative police (la police administrative) including bureaus, which superintend navigation, public carriages, animals, public health, &c. Concurrently with these divisions there is the municipal police, which comprises all the agents in enforcing police regulations in the streets or public thoroughfares, acting under the orders of a chief (chef de la police municipale) with a central bureau.
In all the colonies the judicature has been rendered independent of the executive.
In the matter of criminal jurisdiction we paused for a moment at the edict of Milan; but we may at once trace this second or civil branch of episcopal judicature or quasi-judicature down as far as the reign of Charlemagne, when it underwent a fundamental change, and became, if either litigant once chose, no longer a matter of consent but of right.
15, which was reckoned as an ecclesiastical judicature (5 R.
In the Eastern Church, the early system of ecclesiastical judicature long continued.
In each diocese there had arisen a judicature (judices pacis) to decide when the form had been broken; and an executive, or communitas pacis, had been formed to enforce the decisions of the judicature.
In 1875, by the operation of the Judicature Acts of 1873 and 1875, the High Court of Admiralty was with the other great courts of England formed into the High Court of Justice.
By the Irish Judicature Act of 1877 it was directed that it should be amalgamated with the Irish High Court of Justice upon the next vacancy in the office of judge, and this subsequently took place.
60 of the Supreme Court of Judicature Act (Ireland) 1877, and thereby made applicable to all divisions of the High Court of Justice, provides, on the lines of the English Common Law Procedure Act 1854, for the conduct of arbitrations and the enforcement of awards.
In the following year (1873) Lord Selborne carried through parliament the Judicature Act.
The result of this act of 1873 was to effect a fundamental change in the judicature system.
By the operation of the Judicature Act one supreme court with several divisions was constituted; each division could administer the whole law; the conflict of divergent systems of law was largely overcome by declaring that when they were at variance, the principles of equity should prevail over the doctrines of the common law.
"If," wrote Lord Selborne in his memoirs, speaking of the Judicature Act of 1873, "I leave any monument behind me which will bear the test of time, it may be this."
They reformed the judicature, introduced elementary education for the natives, and abolished slavery in Java as from the 1st of January 1860.
In place of the monastic judicature a jury of six bachelors and six maidens appear in the 16th century.
It has long been the official title of the judges of two of the English superior courts of common law, and it is now extended to all the judges in the supreme court of judicature - a judge in the High Court of Justice being styled Mr Justice, and in the court of appeal Lord Justice.
On the abolition of that court by the Judicature Act 1873, the jurisdiction was transferred to the common pleas division, and again on the abolition of that division was transferred to the king's bench division, in whom it is now vested.
In the High Court and court of appeal one or more specially qualified assessors may be called in to assist in the hearing of any cause or matter except a criminal proceeding by the crown (Judicature Acts 1873, s.
1), and on appeal in maritime causes nautical assessories are usually called in by the court of appeal, and may be called in by the House of Lords (Judicature Act 1891, s.
Fnraros op&cvapcos =consul ordinarius, &pxcov op&cvapcos=praefectus ordinarius); but it also occasionally implied rank as distinct from office, all those who had the title of clarissimus being sometimes described as 6p&cvapcoc. In England the only case of the term being employed in its civil use was that of the office of judge ordinary created by the Divorce Act of 1857, a title which was, however, only in existence for the space of about eighteen years owing to the incorporation of the Divorce Court with the High Court of Justice by the Judicature Act 1875.
Justice.By the Judicature ActGerichtsverfassungsgesetz of 1879, the so-called regular litigious jurisdiction of the courts of law was rendered uniform throughout the empire, and the courts are now everywhere alike in character and composition; and with the exception of the Reichsgericht (supreme court of the empire), immediately subject to the government of the state in which they exercise jurisdiction, and not to the imperial government.
The vice-comes, or sheriff, as the king's direct representative, was the centre of justice for shires, and his judicature tended to encroach on that of noble holders of courts.
The king and council were proclaimed judges in all cases; preachers were to submit to their judicature when accused of political offences, a standing cause of strife.
In concurrence with the duke's Vogt (advocates) they recognized only one right of judicature within the town, to which nobles as well as artisans had to submit.
It was he who first entrusted criminal jurisdiction to Europeans, and established the Nizamat Sadr Adalat, or appellate court of criminal judicature, at Calcutta; and it was he who separated the functions of collector and judge.
By the Indian Councils Act 1861 the governor-general's council and also the councils at Madras and Bombay were augmented by the addition of non-official members, either natives or Europeans, for legislative purposes only; and by another act passed in the same year high courts of judicature were constituted out of the existing supreme courts and company's courts at the presidency towns.
Before the Judicature Act the king's bench and the common pleas were each presided over by a lord chief justice, and the lord chief justice of the king's bench was nominal head of all the three courts, and held the title of lord chief justice of England.
The titles of lord chief justice of the common pleas and lord chief baron were abolished by the Judicature Act 1873, and all the common law divisions of the High Court united into the king's bench division, the president of which is the lord chief justice of England.
He improved the state of trade, lowered taxation, encouraged industry and promoted education, ameliorated the judicature and materially raised the credit of Russia.
Justice.By the theory of a Mahommedan state there should be no other courts of justice except those established for the administration of the shar, the divine or written law, but in Persia there is another judicature, which is called urf and represents the customary or known and unwritten law.
A Supreme Court of Judicature for South Africa was created at the establishment of the Union.
It concluded with a list of demands (see Transvaal), their gist being " the establishment of this republic as a true republic " with equitable franchise laws, an independent judicature and free trade in South African products.
The monopoly and concessions regime continued unchecked, the naturalization laws were not amended, while the judicature was rendered subservient to the executive (see Transvaal: History).
The effect of the act was to impose upon the judges under severe sanction the duty of protecting personal liberty in the case of criminal charges and of securing speedy trial upon such charges when legally framed; and the improvement of their tenure of office at the revolution, coupled with the veto put by the Bill of Rights on excessive bail, gave the judicature the independence and authority necessary to enable them to keep the executive within the law and to restrain administrative development of the scope or penalties of the criminal law; and this power of the judiciary to control the executive, coupled with the limitations on the right to set up "act of state" as an excuse for infringing individual liberty is the special characteristic of English constitutional law.
He had occupied the interval in various literary labours, the most important being the notes he contributed to Theobald's edition of Shakespeare, and an anonymous share in a pamphlet on the jurisdiction of the Court of Chancery, The Legal Judicature in Chancery stated (1727).
From 1707 to 1773 the presidencies were maintained on a footing of equality; but in the latter year the act of parliament was passed, which provided that the presidency of Bengal should exercise a control over the other possessions of the Company; that the chief of that presidency should be styled governor-general; and that a supreme court of judicature should be established at Calcutta.
AULIC COUNCIL (Reichshofrat), an organ of the Holy Roman Empire, originally intended for executive work, but acting chiefly as a judicature, which worked from 1497 to 1806.