APPEAL , in See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

The derivation from appellare (" See also:

• CALL (from Anglo-Saxon ceallian, a common Teutonic word, cf. Dutch kallen, to talk or chatter)

The machinery by which this process was usually effected, under the common law, was not by what is now known as appeal, but by the process of certiorari or writs of See also:

• ERROR (Lat. error, from errare, to wander, to err)

This form of appeal is in every case the creation of See also:

• STATUTE

In the case of a claim below 20 no appeal lies except by the leave of the county court. The old practice of appeal by way of See also:

• SPECIAL

Shuttleworth, 1902, r K.B. 721. In the case of the See also:

• MAYOR (Lat. major, greater)
• MAYOR, JOHN EYTON BICKERSTETH (1825– )

The king's bench division exercises appellate jurisdiction in the following cases. With respect to decisions of justices of the peace sitting at quarter sessions, or as a court of summary jurisdiction, except in the case above stated, the subject matter of appeal is for the most See also:

• PART

For many years the question of criminal appeal in general had been a matter of great controversy. As See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

The court may sit in two or more divisions if the lord chief justice so directs. Its sittings are held in London unless special directions are given by the lord chief justice that it shall sit at some other place. The opinion of the See also:

• MAJORITY (Fr. majorite; Med. Lat. majoritas; Lat. major, greater)

Notice of appeal or notice of application for leave to appeal must be given within ten days of the date of conviction; where a conviction involves sentence of See also:

• DEATH

The court of appeal has succeeded to the appellate authority exercised (1) in the case of equity and See also:

• BANKRUPTCY (from Lat. bancus or Fr. banquet table or counter, and Lat. ruptus, broken)

The court of appeal also exercises the lunacy jurisdiction of the lord chancellor, but in regard to this the jurisdiction of the court is for the most part See also:

• ORIGINAL

Controversies have arisen as to the meaning of the term " interlocutory," which (in the absence of any authoritative See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

The House of Lords.—The House of Lords has for centuries been the court of last resort, and is still the final court of appeal from the chief courts in the See also:

• UNITED

See also:

• CLARKE, ADAM (1762?—1832)
• CLARKE, CHARLES COWDEN (1787-1877)
• CLARKE, EDWARD DANIEL (1769–1822)
• CLARKE, JAMES FREEMAN (1810–1888)
• CLARKE, JOHN SLEEPER (1833–1899)
• CLARKE, MARCUS ANDREW HISLOP (1846–1881)
• CLARKE, MARY ANNE (c.1776–1852)
• CLARKE, SAMUEL (1675–1729)
• CLARKE, SIR ANDREW (1824-1902)
• CLARKE, SIR EDWARD GEORGE (1841– )
• CLARKE, THOMAS SHIELDS (1866- )
• CLARKE, WILLIAM BRANWHITE (1798-1878)

It is not public in the full sense of the term, as persons not concerned in the appeal can attend only by consent of the House. The House pronounces the judgment which in the opinion of the majority of the law lords should have been pronounced below, and has jurisdiction in the case of all appeals to give or refuse costs to the successful party. The costs of the appeal if given are taxed by the officers of the House. The jurisdiction as to costs does not directly arise under any statute (see See also:

• WEST
• WEST, BENJAMIN (1738-1820)
• WEST, NICHOLAS (1461-1533)

The committee consists of the president of the council, and of the following persons, if privy councillors—the lord chancellor and ex-chancellors of Great Britain and of Ireland, the four lords of appeal in ordinary, the lords justices of appeal in England or retired lords justices of appeal in England, and persons who hold or have held the office (a) of judge of the High Court of Justice or the court of appeal in England or Ireland, or of the court of session in Scotland; (b) any person who is or has been chief justice or a judge of the Supreme Court of See also:

• CANADA

The procedure of the committee is on the same lines as that on appeals to the House of Lords; no well-arranged See also:

• CODE (Lat. codex)

Appeals from inferior tribunals in criminal cases go before the judges of the court of session sitting in the High Court of See also:

• JUSTICIARY, HIGH COURT OF

1790). Ordinarily it is confined to errors of law and procedure, but where evidence not available below is brought before the court, it may send the case back for retrial or give the appropriate final judgment, as in the case of See also:

• DREYFUS, ALFRED (1859– )

The appeal to the supreme court is for the most part on questions of law (See also:

• POR

(2) Decrees passed on an appeal to any court in India subordinate to a High Court are as a general rule subject to appeal to the High Court on the grounds (a) that they are contrary to a specified law, or usage having the force of law; (b) that they have failed to determine some material issue of law, or usage having the force of law; (c) of substantial error or defect in procedure prescribed by the code or other law, which might possibly have produced error or defect in the decision of the case upon the merits (§ 584). The procedure on these appeals is regulated by c. 42 of the Civil Procedure Code. (3) Appeals from orders which do not fall within the definition of decrees are allowed in the cases specified in § 588 of the code. The procedure with respect to these appeals is on the same lines as that on appeals against decrees (§ 590). Provision is made (by c. 44) for allowing appeals in forma See also:

• PAN (" pasturer ")
• PAN (common in various forms to many Teutonic languages, cf. Ger. Pfanne; it is generally taken to be an early adaptation in a shortened form of Lat. patina, shallow bowl or dish, from patere, to lie open)

An inferior court may also refer cases of difficulty to the High Court on a statement of the facts as found in the referring court and of the opinion thereon of that court (§§ 617-620); and in cases in which no appeal lies to the High Court, that court may call for the record of any case in which the court below appears to have acted without jurisdiction or failed to exercise its jurisdiction, or to have exercised its jurisdiction illegally or with material illegality (§ 622). Criminal Matters.—Criminal jurisdiction in India is exercised by magistrates of the first, second and third class, by sessions courts, and the high or chief courts of the presidencies or provinces (Criminal Procedure Code of 1898). The higher judges in a See also:

• DISTRICT

137). An appeal also lies in certain cases from the courts of British officers in feudatory states of India to a high court in India, and from the courts of See also:

• ADEN

The judges of the superior court have also, under art. 494, power to review before three judges decisions of a judge of that court or of a circuit court (arts. 494-504). Nova See also:

• SCOTIA (Gr. o'Karca, shadow or darkness)

955)• Australia.—Each of the states of the Australian Common. wealth has its own supreme court. The Commonwealth parliament constituted in 1903 a High Court for Australia, which, besides its original federal jurisdiction, is also a court of appeal from the supreme courts of the constitutional states, or from any state court from which an appeal lay to the king in council at the establishment of the Commonwealth. The jurisdiction of the court is defined by the Judiciary Act of 1903, by which it is created. The right of appeal is given both as to criminal and civil matters. See also:

• SOUTH
• SOUTH, ROBERT (1634–1716)

In admiralty appeals the conclusions of fact reached by the trial court are specially set forth, and are final. " Appeal " in many of the states is the general term for reviewing any judgment of an inferior court on assignments of error. It is also often used to signify a mode of reviewing proceedings of municipal bodies, affecting the interests of particular persons, e.g. in matters of licences or assessments. In criminal prosecutions an appeal, or writ of error on points of law, is almost everywhere allowed by statute to the See also:

• DEFENDANT

Under these statutes the Supreme Court may entertain appeals from the highest court of a state of the Union, but only (i) where the state court has decided against the validity of a treaty or statute of the United States, or of an authority exercised under the United States; (2) where a state court has affirmed the validity of a statute, or of an authority exercised which has been challenged on the ground of repugnance to the constitution, See also:

• LAWS

511, § 6). The Supreme Court hears appeals from the circuit court of appeals within the limits above stated, and appeals from the circuit and district courts in cases in which an appeal does not lie to the circuit court of appeals, and has power to issue a certiorari to transfer a case from the circuit court of Appeals. (W. F.