Inferior courts of civil jurifdiction in the Weft-Indies.

Jamaica.

Windward
Iflands.

СНАР. V.

Of the Inferior and Superior Courts of Civil and Criminal Jurifdiction, -Attornies-Counfel, &c. &c.

HERE are inferior courts of civil

jurifdiction throughout all the Provinces, the West-India Islands, and the United-States.

In Jamaica, befides the Superior Court of general jurifdiction throughout the Island, there are courts peculiar to certain diftricts which hold plea to the amount of twenty pounds only.

In fome of the Windward Islands the chief justice of the fuperior court fits alone to try actions to a certain amount without a jury.

In other Iflands perfonal actions, to a certain amount, are brought on before all the judges of the court, and are decided without a jury.

In

tia, New

In Nova-Scotia, and New-Brunfwick, the In Nova-Sco courts are as nearly as poffible analogous Brunfwick, & to thofe of Westminster-Hall.

Canada.

Canada. See page 31.

States.

In the United-States there are Inferior In the United, Courts held before juftices of the peace, in which all matters of debt or damage are tried under forty fhillings.

In fome States these are denominated Courts of Confcience, and in others County Courts; and in general they take cognizance of all matters under ten pounds.

No appeal is allowed where the debt does not exceed that fum.

The form of process is fet out at length in the respective acts of affembly.

other courts.

They have in general a court of Common- CommonPleas analogous to that of Westminster- Bench, and Hall; and a Superior Court that answers to that of the court of King's-Bench, to which are annexed commiffions of Oyer and Terminer and General Gaol Delivery. A court of Error or Appeals; a court of Admiralty, and in many of the States a court of Chancery. Where

Circuits.

Courts in New-
York.

The justices

court.

Seffions

Commonpleas.

Where there is no fuch court the judges have a power of equitifing.

The judges make their circuits twice in the year as in England.

The following are the courts in the State of New-York *.

I. The Juftices Court holds pleas for the determination of caufes under ten pounds. They proceed in a very fummary way.

The juftices have alfo a jurifdiction with respect to crimes under the degree of grandlarciny.

From this court an appeal lies to the feffions.

II. The Court of Seffions, which very much resembles the fame court in England.

III. The court of Common-Pleas takes cognizance of all caufes where the matter in demand is above the value of ten pounds, and the practice is nearly the fame as that

For the appointment of officers and juftices of the peace. See the conftitution at the end.

of

of the Common-Pleas at Weftminster. The clerk iffues the writs, enters the minutes, and keeps the records of the county. It is held four times in the year, and the judges together with fome of the justices hold at the fame time a Court of General Seffions of the Peace.

IV. The Supreme Court. The jurif- Supreme court, diction of which extends throughout the

State, and is analogous to the court of

King's-Bench at Westminster. It has four terms, and always fits at New-York.

V. The court of Chancery.

Other courts

VI. The court of Admiralty.

VII. The Perogative Court.

VIII, The Court of the Governor and Council.

In all of which the proceedings are Proceedings. fimilar to those in England.

In Jamaica the fuperior court of common law is called the fupreme court, and has jurifdiction like that of the King'sBench, Common-Pleas, and Exchequer.

See p.32-3

Barbadoes.

Jamaica, Saint

Christopher, &

The judges here

year.

go the circuit twice in the

In Barbadoes there is a court of Common-Pleas in every district, and diftinct judges in each.

In Jamaica, St. Chriftopher, and Nevis, Nevis. the Supreme Court has the fame jurisdiction as the King's-Bench and Common-Pleas.

Barbadoes, Antigua, &c.

Other Leeward
Iflands.

Mode of bringing actions.

In Barbadoes, Antigua, and Montseratt, the Criminal Court is diftinct from the CommonPleas and confifts of a number of judges.

In Antigua there is but one court of Common-Pleas for the whole ifland.

In the reft of the Leeward Islands the Superior Court of Common Law is a King'sBench and Common-Pleas.

The mode of bringing an action in the United-States and the West-India islands almost all differ, but the following obfervations on their judicial proceedings will apply to most of them.

In the Weft-India iflands the action is commenced by filing the declaration in the office,