Justices in Quarter Sessions.—This tribunal has under the commission of the peace and under statute power to refer questions of difficulty arising before it for decision to the High Court. The old mode of exercising this power was by sending on to assizes indictments raising difficult questions which had been presented at quarter sessions. The High Court has ex officio power to transfer such indictments where the nature of the case and the demands of justice call for such transfer. The quarter sessions had also power under statute on trying an indictment to refer to the court for crown cases reserved (Crown Cases Act 1848), abolished by the Criminal Appeal Act 1907, questions of law which had arisen at the trial, and in all civil cases the quarter sessions has power of its own volition and subject to no direct compulsion to consult the High Court on legal questions of difficulty which have arisen. Until 1894 this jurisdiction was regarded as consultative only. It was and is exercised by stating the facts, of which the court of quarter sessions is the sole judge, and indicating the questions of law arising on the facts, and the view of quarter sessions thereon, and inviting the opinion of the High Court. Under the Judicature Act 1894 cases stated in this way are now treated as “appeals” in the popular sense.
Inferior Courts of purely Civil Jurisdiction.—An appeal also lies as a general rule to the High Court from the judgment of a county court or of any inferior tribunal having civil jurisdiction.
(a) County Courts. Any party to an action or matter in a county court who is dissatisfied with the determination or direction of the judge in law or equity, or upon the admission or rejection of any evidence, may appeal against the decision in the following cases: (1) if the amount of claim or counter-claim in the proceeding exceeds £20; or (2) in all equity matters or cases in which an injunction has been given; or (3) in actions to recover possession of land where questions of title are involved (County Courts Act 1888, § 120). 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 special case as in appeals from justices has been abolished, and the present procedure is by notice of motion (R.S.C. O. LIX. rr. 10-18).
These appeals are heard in the king’s bench division, except in the case of appeals from judgments of a county court sitting in the exercise of admiralty jurisdiction, which are heard by two or more judges sitting in the probate, divorce and admiralty division. The chancery division has never sat to hear “appeals” from a county court exercising equity jurisdiction; but at times, by prohibition or certiorari, has, in effect, reviewed or restrained excess of jurisdiction by county courts in equity matters.
The decision of the High Court on county court appeals is final unless an appeal to the court of appeal is brought by leave of that court or of the High Court (Judicature Act 1894, § 1, sub. sect. 5; Judicature Act 1873, § 45).
(b) Other inferior courts of civil jurisdiction. Appeals from the local courts of record which still survive in certain cities, towns and districts are in a somewhat anomalous position. The general rule is that, unless a statute regulates such appeal, it may be brought in the king’s bench division of the High Court on notice of motion in any case in which, before the Judicature Acts, the court of king’s bench could have reviewed the decision of the inferior court by writ of error. The history of this question is dealt with in Darlow v. Shuttleworth, 1902, 1 K.B. 721.
In the case of the mayor’s court of London, under the local and general statutes regulating that court, the appeal is usually to the king’s bench division, but where there is what is termed “error” on the face of the proceedings of the mayor’s court, the appeal lies direct to the court of appeal as successor of the court of exchequer chamber. Appeals from the Liverpool court of passage and from the chancery courts of the duchies of Lancaster and Durham lie by statute direct to the court of appeal.
High Court of Justice.—Until the Supreme Court of Judicature Acts of 1873 and 1875 came into operation, the superior courts in England were imperfectly co-ordinated both as to jurisdiction and appeals. The effect of these acts was to create a Supreme Court of Judicature divided into two main branches, the High Court of Justice, which is an appellate court with respect to the inferior courts already mentioned, and to certain other special courts and persons; and the court of appeal, which is mainly concerned with appeals from the High Court of Justice.
The High Court of Justice acts as an appellate court or court of consultation with reference to courts of summary jurisdiction or quarter sessions and to county courts and other inferior courts of civil jurisdiction in the cases already indicated. The three divisions of the court are somewhat differently placed with reference to appeals.
In the chancery division (made up, in 1908, of six single judge courts) no appeals are heard except from subordinate officials (masters) of the court, or an occasional interference by certiorari or prohibition with a county court.