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COURTREC
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COMMENTARY
This writer concludes, from the definitions below, that a
court of record is a court which must meet the following
criteria:
1. keeps a record of the proceedings
2. the tribunal is independant of the magistrate (judge)
3. proceeding according to the common law
4. power to fine or imprison for contempt
5. generally has a seal
Note that a judge is a magistrate and is not the tribunal.
The tribunal is either the sovereign himself, or a fully
empowered jury (not paid by the government)
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Black's Law Dictionary, 4th Ed., 425, 426
COURT. ...
INTERNATIONAL LAW
The person and suite of the sovereign; the place where the
sovereign sojourns with his regal retinue, wherever that may be.
....
CLASSIFICATION
Courts may be classified and divided according to several
methods, the following being the more usual:
COURTS OF RECORD and COURTS NOT OF RECORD. The former being
those whose acts and judicial proceedings are enrolled, or
recorded, for a perpetualmemory and testimony, and which have
power to fine or imprison for contempt. Error lies to their
judgments, and they generally possess a seal. Courts not of
record are those of inferior dignity, which have no power to fine
or imprison, and in which the proceedings are not enrolled or
recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas
Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225;
Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v.
Davis, 96 Ohio St. 205, 117 N.E. 229, 231.
A "court of record" is a judicial tribunal having attributes
and exercising functions independently of the person of the
magistrate designated generally to hold it, and proceeding
according to the course of common law, its acts and proceedings
being enrolled for a perpetual memorial. Jones v. Jones, 188
Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass.,
171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y.
406, 155 N.E. 688, 689.
....
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Webster's New Practical Dictionary, 386 (1953)
G. & C. Merriam Co., Springfield, Mass.
MAGISTRATE
A person holding official power in a government; as: a The
official of highest rank in a government (chief, or first,
magistrate). b An official of a class having summary, often
criminal, jurisdiction.
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Black's Law Dictionary, 4th Ed., 1103
MAGISTRATE
Person clothed with power as a public civil officer. State
ex rel. Miller v. McLeod, 142 Fla. 254, 194 So. 628, 630.
A public officer belonging to the civil organization of the
state, and invested with powers and functions which may be either
judicial, legislative, or executive. But the term is commonly
used in a narrower sense, designating, in England, a person
intrusted with the commission of the peace, and, in America, one
of the class of inferior judicial officers, such as justices of
the peace and police justices. Martin v. State, 32 Ark. 124; Ex
parte White, 15 Nev. 146, 37 Am.Rep. 466; State v. Allen, 83 Fla.
655, 92 So. 155, 156; Merritt v. Merritt, 193 Iowa 899, 188 N.W.
32, 34.
....
The word "magistrate" does not necessarily imply an officer
exercising any judicial functions, and might very well be held to
embrace notaries and commissioners of deeds. Schultz v.
Merchants' Ins. Co., 57 Mo. 336.
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.pa
Black's Law Dictionary, 4th Ed., 1602, 1603
SUIT
Old English Law
The witnesses or followers of the plaintiff. 3 Bl. Comm.
295. See Secta.
Modern Law
A generic term, of comprehensive signification, and applies
to any proceeding by one person or persons against another or
others in a court of justice in which the plaintiff pursues, in
such court, the remedy which the law affords him for the redress
of an injury or the enforcement of a right, whether at law or in
equity. See Kohl v. U.S., 91 U.S. 375, 23 L.Ed. 449; Weston v.
Charleston, 2 Pet. 464, 7 L.Ed. 481; Syracuse Plaster Co. v.
Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N.Y.S.2d 897.
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Black's Law Dictionary, 4th Ed., 1677
TRIBUNAL
The seat of a judge; the place where he administers justice.
The whole body of judges who compose a jurisdiction; a judicial
court; the jurisdiction which the judges exercise. See Foster v.
Worcester, 16 Pick. (Mass.) 81.
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Webster's New Practical Dictionary, 707 (1953)
G. & C. Merriam Co., Springfield, Mass.
TRIBUNE
1. In ancient Rome, a magistrate whose special function was
to protect the interests of plebeian citizens from the patricians.
2. Any defender of the people.