Exchequer Chamber, Court of, a tribunal of error and appeal.
First, it existed in former times as a Court of mere debate, such causes from the other Courts being sometimes adjourned into it as the judges upon argument found to be of great weight and difficulty, before any judgment was given upon them in the Court below. It then consisted of all the judges of the three Superior Courts of Common Law, and at times the Lord Chancellor also.
Second, it existed as a Court of Error, where the judgments of each of the Superior Courts of Common Law, in all actions whatever, were subject to revision by the judges of the other two, sitting collectively. See 27 Eliz. c. 8 (error from Queen's Bench), and 11 Geo. 4 & 1 Wm. 4, c. 70, s. 8 (error from the three Courts). The composition of this Court consequently admitted of three different combinations, consisting of any two of the Courts below which were not parties to the judgment appealed against. There was no given number required to constitute the Exchequer Chamber, but the Court never consisted of less than five. One counsel only was heard on each side. Error lay from this Court to the House of Lords. The Court is abolished, and its jurisdiction in appeals (proceedings in error in civil cases and bills of exceptions being abolished) is transferred to the Court of Appeal [(English) Jud. Act, 1873, s. 18 (4)]; see now Jud. Act, 1925, s. 26. See APPEAL, COURT OF.
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