Legal Definition and Related Resources of Court of exchequer

In English Law. A superior court of record, administering justice in questions of law and revenue. It is the lowest in rank of the three superior common-law courts of record, and had jurisdiction originally only of cases of injury to the revenue by withholding or nonpayment. The privilege of suing and being sued in this court in personal actions was extended to the king’s accountants, and then, by a fiction that the plaintiff was a debtor of the king, to all personal actions. It had formerly an equity jurisdiction, and there was then an equity court; but, by St. 5 Vict. c. 5, this jurisdiction was transferred to the court of chancery. It consists of one chief and four puisne judges or barons. As a court of revenue, its proceedings are regulated by 22 & 23 Vict. c. 1, § 9. As a court of common law, it administers redress between subject and subject in all actions whatever, except real actions. The appellate jurisdiction from this court is to the judges of the king’s bench and common pleas sitting as the court of exchequer chamber, and from this latter court to the house of lords. 3 Steph. Comm. 400402; 3 Sharswood, Bl. Comm. 44-46. In Scotch Law. A court which formerly had jurisdiction of matters of revenue, and a limited jurisdiction over cases between the crown and its vassals, where no questions of title were involved. This court was established by St. 6 Anne, c. 26, and its processes resembled those in the English court of exchequer. It is now merged in the court of sessions; but the name is still applied to this branch of the latter court, which is held by two of the judges acting in rotation. Paterson, Comp. 1055, note. The proceedings are regelated by St. 19 & 20 Vict. c. 56.

Browse

You might be interested in these references tools:

This definition of Court Of Exchequer is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

<

English Legal System: Court of Exchequer

In the context of the English law, A Dictionary of Law provides the following legal concept of Court of Exchequer : One of the three courts of *common law into which the curia regis was divided (the others being the *Court of Queen’s Bench and the *Court of Common Pleas) whose jurisdiction was merged into that of the High Court by the Judicature Acts 1873-75. It became the Exchequer Division, which in 1880 merged into the *Queen’s Bench Division. The judges of the Exchequer were known as Barons.