case of a vacancy, by Commissioners who exercise both the common law and statutory powers of the Lord Chancellor: see 3 & 4 W. IV. § 30.

V. COURTS OF PROBATE, DIVORCE, AND ADMIRALTY.

1. Court of Probate.-It is well known that the Surrogates' Courts of New York are modelled on the plan of the Ecclesiastical Courts, which formerly existed in England. The system now abandoned in England still remains in force in that state.

This change in the English system occurred in 1857. By 20 & 21 Vict. c. 77, as modified by 21 & 22 Vict. cc. 56 and 95, an entirely new organization was introduced. The voluntary and contentious jurisdiction of ecclesiastical and other courts having probate powers ceased. It is hereafter to be exercised by a Court of Probate, having a single judge, who holds his office during good behavior. He must be an advocate of ten years' standing, or a barrister of fifteen years' standing. He receives a salary of £4000, or in case he discharges the duties of either the Court of Admiralty or of Divorce, or of both, £5000. A provision is made for a retiring pension.

This court is a Court of Record, having the powers of the former Courts of Probate. There can be no suit brought therein for legacies, or for the administration of assets. A common-law judge, or judges, may sit with the judge of the Court of Probate. It has the same powers over practitioners as common-law and equity judges. The judge may try questions of fact with a jury, or may send the issue to trial in a court of law. The issue in each case is framed in writing under the direction of the court, which has the same power over the subsequent preceedings as a common-law or equity judge. The judge may sit at chambers with the same power as in open court. The court may appoint receivers pendente lite.

The decision of the court in testamentary causes, when made "in solemn form," is conclusive, both upon real and personal estate, if heirs and other persons interested have been duly cited, though probate may be revoked by the court. If the will is proved "in common form," and without opposition, it may be made "sufficient," though not conclusive, evidence in any particular action where its validity might otherwise be drawn in question in this manner:-The party who desires to sustain the will may

give ten days' notice that he intends to offer the will in evidence, whereupon if the other party intends to dispute it, he must give four days' notice of such intention. Barraclough v. Greenough, in the Exchequer Chamber, reversing. s. c. in Queen's Bench, 2 Law Rep. Q. B. 1, 612.

The judge of the Court of Probate and of Admiralty may sit for each other: 21 & 22 Vict. c. 95.

An appeal lies from decisions in contentious causes to the House of Lords.

When personal property is duly sworn to be worth under £200, and real estate under £300, the County Court has contentious jurisdiction, with an appeal to the Court of Probate.

The formal business of probate is transacted in the following manner:-there is a principal registry at London and forty district registries. In each district there is a district registrar; in the principal registry there are four registrars, with record keepers and other officers. The registrars and district registrars are appointed by the judge, and hold office during good behavior; clerks are appointed by the registrar for whom they act, with the sanction of the judge. Some of these officers are removable by the Lord Chancellor, and others by the judge, with the assent of the Chancellor. Registrars and district registrars must be attorneys or solicitors, and are not permitted to practise law. They have the same general powers as surrogates formerly had; they may grant probate in common form, in the name of the Court of Probate. They cannot proceed in contentious causes; when the district registrar is in doubt, respecting his duty to grant or refuse probate, he refers the case in writing to the judge, who may allow or forbid the application, or require it to be made at the principal registry.

Whenever probate is applied for at the district registry, the district registrar immediately gives notice to the principal registrar, who informs him in turn whether there is any other application pending in any other district upon the same estate. Application for probate may be made directly to the principal registrar, instead of to the district registrars.

Lists of all grants of probate and administration are sent within a limited time to the principal registrar.

2. Court of Divorce.-Until 1857, divorces could only be had by special Act of Parliament. By 20 & 21 Vict. c. 85, 22 Vict.

c. 108, and 23 & 24 Vict. c. 144, now made perpetual, a Court of Divorce was created, and its jurisdiction defined.

This court is composed of the Judge of Probate, Lord Chancellor, and the judges of the superior common law courts. The Probate Judge is made Judge Ordinary, and may act alone or with the other judges. In his temporary absence, the Lord Chancellor may select from the common-law judges a temporary Judge Ordinary.

The court acts on the former principles of the Ecclesiastical Courts. It may declare a marriage null, or it may dissolve it, award alimony and damages against an adulterer, and make a decree respecting the custody of children. Any judge may try questions of fact with a jury, and may grant new trials; or may order an issue to be framed and tried in a court of law. The judge may act at chambers with the same power as in court. This tribunal has the same power over practitioners as the common law and equity courts. An appeal lies from the decisions of the judge to the full court (which is organized under court rules), and from any decree of the full court annulling or dissolving a marriage to the House of Lords. The judge ordinary may, and usually does, exercise all the powers of the full court, in which case an appeal lies directly to the House of Lords.

This court may also entertain jurisdiction, under certain restrictions, of cases where a declaration of legitimacy is asked for. This declaration is final against all parties cited: 21 & 22 Vict. c. 93.

No action against an adulterer "for criminal conversation," can now be entertained in the common-law courts, but proceedings must be had before this tribunal.

The registrars of the Court of Probate are the registrars of this court, having the same power as surrogates under the Ecclesiastical Law.

3. The High Court of Admiralty is held by a single judge. On the retirement of the incumbent in office, when the "Probate Act" was passed (1857), the Queen may appoint the Probate Judge to sit in the Court of Admiralty. Under these provisions, the Crown may appoint the same person judge of the three courts (Probate, Divorce, and Admiralty), and after the union of these offices, they are to be held by the same person.

VI. THE CRIMINAL COURTS.

The criminal courts may be divided into the superior and inferior. The inferior are the general and quarter sessions of the peace. The superior embrace the assizes, including the commissions of Oyer and Terminer, general gaol delivery, assize, and Nisi Prius, as well as courts held under special commissions, the Admiralty Sessions, the Court of King's Bench, and the Central Criminal Court.

1. The Inferior Criminal Courts.

The term, "sessions of the peace," is employed to designate a sitting of justices of the peace, of which there are four kinds, petty, special, quarter, and general sessions. The general and quarter sessions only require notice. The general sessions is a court of record. The court may be divided into two branches for the despatch of business. By statute, it must be held four times a year, and oftener, if occasion shall require. When held at the regular period, it is called the quarter sessions; at other times, the general sessions. In the county of Middlesex the same persons are commissioned to hold the sessions and a Court of Oyer and Terminer, at the sessions house, in the Old Bailey.

Though the court of quarter sessions has, theoretically, jurisdiction over felonies, yet practically, except in Middlesex, it only entertains cognisance of petty larcenies and misdemeanors. Cases may be removed into the King's Bench on certiorari. There are also quarter sessions held in corporate towns and boroughs by justices of their own. By 5 & 6 Vict. c. 53, and 7 & 8 Vict. c. 50, counties and boroughs may unite and form district courts.

2. The Higher Criminal Courts.

(a) The Assizes.

These are held before commissioners, among whom are usually two of the common-law judges. They are held twice in each year in every county, except the four northern ones, where they are held only once, and except London and Middlesex, where they are held eight times. For the purpose of holding these courts, England is divided into six circuits.

The commissioners sit by virtue of five commissions: a commission of the peace, of oyer and terminer, general gaol delivery,

and the commissions of assize and Nisi Prius. Though the last two named, are in general, commissions of a civil nature, and have been previously mentioned, they give a somewhat extended criminal jurisdiction to the judges, as, for example, when an indictment is removed by certiorari, and is tried at Nisi Prius. The same persons are intrusted with all these commissions, so that they may proceed under all at the same time. Those only which demand special notice are the "oyer and terminer" and gaol delivery.

The commission of oyer and terminer is directed to a considerable number of persons, of whom the judges, sergeants at law and King's counsel therein mentioned, or some of them, must attend. They can only proceed upon an indictment found at the same assizes before themselves. They have jurisdiction over felonies and misdemeanors, whether the offender is or is not in custody.

The commission of gaol delivery is only directed to judicial persons, and authorizes the delivery of the gaol of a particular town named in the commission. They may try indictments found before other justices as well as before themselves; but cannot, in general, proceed unless the offender is in actual or constructive custody.

The judges who take the circuits are in each case appointed by the fiat of the King, under the assistance of the Lord Chancellor. There are also special commissions of Oyer and Terminer on extraordinary occasions. The course of proceeding resembles that followed under the ordinary commissions.

(b) The Admiralty Sessions.

An account of the organization of this court is omitted. It is described in 1 Chitty's Criminal Law, pp. 153, 156.

(e) The King's Bench.

This is the highest court of ordinary criminal justice. It has jurisdiction over all criminal cases; misdemeanors are prosecuted by information, and felonies by indictment. The criminal business of this court relates principally to prosecutions by informations and indictments removed into it from other courts by certiorari.

(d) The Central Criminal Court.

This court was created by 4 & 5 Wm. IV., c. 36, and 7 Wm. IV. and 1 Vict. c. 77 The first act provided for the erection