General Courts of Common Law, Court Houses, Judges. No. II. 3 Edward I. [No. II. ] 3 Edward I. (1 Westminster) c. 46.-One Plea shall be decided by the Justices before another commenced. c. 46. 6 Edward I. c. 8. IT is provided also, and commanded by the King. That the Justices of the King's Bench, and of the Bench at Westminster, from henceforth shall decide all pleas determinable at one day, before any ⚫ matter be arraigned, or plea commenced the day following, saving that their essoigns shall be entered, judged, and allowed; yet, by reason hereof, let none presume to absent himself at the day to him . limited.' The [No. II.] 6 Edward I. (Gloucester) c. 8.-No Suit for Goods in the King's Courts under forty shillings. Attorneys may be made where an Appeal lieth not. Defendant being essoigned shall bring in his Warrant. Tis provided also, That sheriffs shall plead Pleas of Trespass in their counties, as they have been accustomed to be pleaded. And that none from henceforth shall have writs of trespass before Justices, ⚫ unless he swear by his faith that the goods taken away were worth forty shillings (1) at the least. And if he complain of beating, he shall answer by his faith, that his plaint is true. Touching wounds and maims, a man shall have his writ as before hath been used; and it is agreed that the defendants in such pleas may make their attornies, ⚫ where appeal lieth not; so that if they be attainted, being absent, then the sheriff shall be commanded to take them, and shall have like pain as they should have had, if they had been present at the judgment given. And if the plaintiffs from henceforth in such trespasses cause themselves to be essoigned after the first appearance, day shall be given 'them unto the coming of the Justices in Eyre, and the defendants in ⚫ the mean time shall be in peace. In such pleas and other, whereas attachments and distresses do lie, if the defendant essoign himself of the King's service, and do not bring his warrant at the day given him by the essoign, he shall recompense the plaintiff damages for his journey twenty shillings, or more, after the discretion of the Justices, and shall be grievously amerced unto the King." (1) If it appear to a superior Court that the debt sued for is under forty shillings, they will, on motion, stay the proceedings before trial: Kennard v. Jones, 4 T. R. 495; and proceedings were accordingly stayed, it being sworn by the defendant, and not denied by the plaintiff, that the debt was under forty shillings: Wellington v. Arters, 5 T. R. 64. But no action can be brought in the county, or other inferior court, unless the cause of action arise, and the defendant reside (or at least is served with process) within the jurisdiction of such court; and if that be not the case, or if for other cause the plaintiff cannot sue in an inferior court, he may sue in a superior court for a debt under forty shillings: Welsh v. Troyte, 2 H. B. 29. Tubb z. Woodward, 6 T. R. 175. Smith v. O'Kelly, 1 B. & P. 75. Busby v. Fearon, 8 T. R. 235. It is obvious that at the time when the dis tinction was made, as to the amount of the demand for which jurisdiction was given to the county and other inferior courts, such amount was of very considerable relative importance, and that by the change which has since taken place it has become absolutely insignificant; so that in the majority of the cases that are brought before the superior courts, the original object in dispute is a matter of very small importance in comparison to the expense of litigation; and, consequently, the dread and apprehension of such expense is equivalent to a failure of justice. The inconvenience of this state of things has been long felt and acknowledged, and different proposals have been made for removing it. As the attention of the Editor has been very particularly directed to this subject, an article is intended to be devoted to it in the Appendix.-(omitted in this edition.) [No. IV. ] 13 Edward I. st. 1. c. 30.-The Authority of Justices of Nisi Prius. Adjournment of Suits. Čer No. IV. 13 Edward I. st. 1. c. 30. Who shall be tain Writs that be determinable in their proper Counties. A Jury may give their Verdict at large. None but which were summoned shall be put in Assises or Juries. FROM henceforth two Justices sworn shall be assigned, before whom, and none other, assizes of Novel disseisin, Mortdauncestor, Justices of Nisi ⚫ and Attaints shall be taken, and they shall associate unto them one or Prius. two of the discreetest knights of the shire into which they shall come; and shall take the foresaid Assises and Attaints but thrice in the year at the most, that is to say, first between the Quinzime of Saint John Baptist, and the Gule of August: and the second time between the * Feast of the Exaltation of the Holy Cross, and the Utas of Saint Michael; and the third time, between the Feast of the Epiphany, and the Feast of the Purification of the Blessed Mary. And in every shire, at every taking of Assises before their departure, they shall appoint the day of their return, so that every one of the shire may know of their coming, and shall adjourn the Assises from Term to Term, if Adjournment the taking of them be deferred at any day by vouching to warranty, of Assises. by essoign, or by default of jurors. And if they see that it be profit able for any cause that Assises of Mortdauncestor, being respited by essoign or voucher, ought to be adjourned into the Bench, it shall be lawful for them to do it, and then they shall send the record with the original writ before the Justices of the Bench; and when the matter is come to the taking of the Assise, the Justices of the Bench shall remit the matter to the former Justices before whom the Assise shall be taken. But from henceforth the Justices of the Bench in such Assises Inquisitions of shall give four days at the least in the year before the said Justices as- trespass. signed, for to spare expense and labour. Inquisitions of trespass shall be determined before the Justices of both Benches, except the trespass be so heinous that it shall require great examination. Inquisitions also of other pleas pleaded in either of the Benches, shall be determined before them, wherein small examination is required, as when the entry or seisin of any is denied, or in case when one article is to be inquired. But inquisitions of many and great articles, the which require great examination, shall be taken before the Justices of the Bench, except that both parties desire that the inquisition may be taken afore some of the associates when they do come into those parts; so that from henceforth it shall not be done but by two Justices, or one with some knight of the shire, upon whom the parties can agree. And such inquisition shall not be determined by any Justices of the Bench, unless a day and a place certain be appointed in the shire, in presence of the parties, and the day and place shall be mentioned in a writ judicial by these words :'-Præcipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in octabis sancti Michaelis, nisi talis et talis tali die et loco ad partes illas venerint, duodecim, &c. II. And when such inquests be taken, they shall be returned into the Bench, and there shall judgment be given, and there they shall be inrolled. And if any inquisitions be taken otherwise than after this form, they shall be of no effect, except that an Assise of Darrein presentment, and inquisitions of Quare impedit shall be determined in their own shire, before one Justice of the Bench and one Knight, at a day and place certain in the Bench assigned, whether the defendant consent or not, and there the judgment shall be given immediately. The writ of Nisi Prius. Assises of darrein presentment and quare impedit shall be ended in their proper counties. All Justices of the Benches from henceforth shall have in their circuits Clerks of As' clerks to inroll all pleas pleaded before them, like as they have used sise. to have in time passed. And also it is ordained, That the Justices as- A jury may signed to take Assises shall not compel the jurors to say precisely whe- give their verther it be disseisin or not, so that they do shew the truth of the deed, dict at large. and require aid of the Justices. But if they of their own head will None shall be say that it is disseisin, their verdict shall be admitted at their own peril. put in juries And from henceforth the Justices shall not put in Assises or juries any but such as other than those that were summoned to the same at the first.' B 2 were summoned. [ No. XIX. ] 8 Richard II. c. 3.-None of the Justices or Barons shall take any Fee or Reward but of the King, nor shall give Counsel where the King is Party or in any Suit depending before them [No. XX. ] 8 Richard II. c. 4.—The Penalty if a Judge or Clerk make a false Entry, rase a Roll, or change a Verdict .... ... 10 .... ib. [ No. XXI. ] 9 Richard II. c. 1.-A Confirmation of all Statutes not repealed, saving of the Statute of 8 Richard II. c. 3. [ No. XXII. ] 20 Richard II. c. 3.-No man shall sit upon the Bench with the Justices of Assise ..... ... ib. [ No. XXIII. ] 4 Henry IV. c. 23.-Judgments given shall continue until they shall be reversed by Attaint or Error ..... .... 11 [ No. XXIV. ] 13 Henry IV. c. 2.-A confirmation of the Statute of 8 Rich. II. cap. 2. touching Justices of Assise and Gaol-delivery, for so long as it shall please the King... ib. [ No. XXV. ] 11 Henry VII. c. 3.-The Justices of Assise in their Sessions, and the Justices of Peace in every County, upon Information for the King, shall have Authority to hear and determine all Offences and Contempts (saving Treason, Murder, or Felony) committed by any person against the Effect of any Statute made, and not repealed ... ib. [No. XXVI. ] 32 Henry VIII. c. 21.-Trinity Term, and the Abbreviation thereof ... .... ib. 13 [ No. XXVII. ] 33 Henry VIII. c. 24.-An Act that none shall be Justice of Assise in his own Country, &c. [ No. XXVIII. ] 16 Charles I. c. 6.—An Act concerning the Limitation and Abbreviation of Michaelmas Term .... 14 [ No. XXIX. ] 12 & 13 William III. c. 2.-An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subjects.. ib. [ No. XXX. ] 12 George II. c. 27.-An Act for explaining and amending an Act made in the Eighth Year of the Reign of King Richard the Second, intituled "No Man of Law shall be Justice of Assise or Gaol Delivery in his own Country;" and another Act made in the Thirty-third Year of the Reign of King Henry the Eighth, intituled "An Act that none shall be Justice of Assise in his own Country, &c." ...... .... 15 [ No. XXXI. ] 24 George II. c. 48.-An Act for the Abbreviation of Michaelmas Term 16 [ No. XXXII. ] 1 George III. c. 23.-An Act for rendering more effectual the Provisions in an Act made in the Twelfth and Thirteenth Years of the Reign of His late Majesty King William the Third, intituled "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject," relating to the Commissions and Salaries of Judges ........ 19 [ No. XXXIII. ] 39 George III. c. 113.-An Act to enable such Persons as His Majesty may be pleased to appoint to the Office of Chief Justice, or of one of the Justices of either Bench, or of Chief Baron, or one of the Barons of the Exchequer, to take upon themselves the Degree of a Serjeant at Law in Vacation.-[12th July 1799.]...... 20 .......... [ No. XXXIV. ] 49 George III. c. 91.-An Act to empower the Judges to try Civil Causes in their own Counties in England.—[10th June 1809.] ...... 21 [ No. XXXV. ] 57 George III. c. 11.-An Act to facilitate the Progress of Business in the Court of King's Bench in Westminster Hall.—[17th March 1817.] ib. [ No. XXXVI. ] 57 George III. c. 18.-An Act to facilitate the hearing and determining of Suits in Equity in His Majesty's Court of Exchequer at Westminster.-[29th March 1817.] 22 [No. XXXVII. ] 58 George III. c. 31.-An Act to amend an Act passed in the Fifty-third Year of His Majesty's Reign to make further Regulations for the Building and Repairing of Court Houses, and Sessions Houses in Ireland.[23d May 1818.] ib. ...... [ No. XXXVIII. ] 1 George IV. c. 68.-An Act for the better Administration of Justice in the Court of Exchequer Chamber in Ireland.—[15th July 1820.] ib. [ No. XXXIX. ] 1 George IV. c. 107.-An Act for appropriating to the Use of the Master of the Rolls for the time being the Rents of the Rolls Estate and the Dividends of the Funds in the Court of Chancery, arising from the surplus Rents of that Estate.-[24th July 1820.]... [No. XL. ] 1 & 2 George IV. c. 16.-An Act for further facilitating the dispatch of business in the Court of King's Bench.-[6th April 1821.]. ........ ......... ...... ib. 23 [ No. XLI.*] 1 & 2 George IV. c. 53.-An Act to regulate the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in Pleas or Common Law Side of the Court of Exchequer in Ireland.-[15th June 1821.].. [No. XLI.] 1 & 2 George IV. c. 121.-An Act to alter and abolish certain Forms of Proceedings in the Exchequer and Audit Office, relative to Public Accountants, and for making further Provisions for the Purpose of facilitating and expediting the passing of Public Accounts in Great Britain; and to render perpetual and amend an Act passed in the Fifty-fourth Year of His late Majesty, for the effectual Examination of the Accounts of certain Colonial Revenues.[11th July 1821.].... ib. [No. XLIII. ] 4 George IV. c. 97.-An Act for the Regulation of the Court of the Commissaries of Edinburgh; and for Altering and Regulating the Jurisdiction of Inferior Commissaries in Scotland.-[19th July 1823.].......... 35 [ No. XLIV. ] 5 George IV. c. 4.—An Act to amend an Act made in the First and Second Years of the Reign of His present Majesty, for Regulating the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer in Ireland.—[5th March 1824.] .... ..... ib. ...... ....... ...... [ No. XLV. ] 5 George IV. c. 30.-An Act to Prevent the Stealing of Records, Deeds, and Papers in Ireland.—[17th May 1824.] 35 b [No. XLVI. ] 6 George IV. c. 120.-An Act for the better Regulating of the Forms of Process in the Courts of Law in Scotland.-[5th July 1825.] ... ib. [No. XLVII. ] 7 George IV. c. 63.-An Act to Provide for Repairing, Improving and Rebuilding Shire-Halls, County-Halls, and other Buildings for holding the Assizes and Grand Sessions, and also Judge's Lodgings, throughout England and Wales.-[26th May 1826]. 35 S [No. XLVIII. ] 9 George IV. c. 29.-An Act to Authorize additional Circuit Courts of Justiciary to be held, and to facilitate Criminal Trials in Scotland.— [19th June 1828.] 35bb PART IV. CLASS II. Attornies and other Officers-Prochein Amy. [No. I. ] 20 Henry III. St. Merton, c. 10.-Attornies allowed to make suit to several Courts 36 [No. II. ] 6 Edward I. St. Gloucester, c. 8.-No Suit for Goods in the King's Courts under forty shillings. Attorney may be made where an Appeal lieth not. The Defendant being essoined shall bring in his Warrant ..... ib. [ No. III. ] 13 Edward I. st. 1. (Westminster 2.) c. 10.-At what time Writs`shall be delivered for Suits depending before Justices in Eyre. Any Person may make a general Attorney .... ...... .... .... ... ib. [ No. IV. ] 13 Edward I. st. 1. (Westminster 2.) c. 15.—An Infant eloined may sue by Prochein Amy 37 [ No. V. ] 12 Edward II. st. 1. c. 1.-Tenants in Assise of Novel Disseisin may make atturnies ib. [No. VI. ] 4 Henry IV. c. 18.-The Punishment of an Attorney found in Default ib. [ No. VII. ] 4 Henry IV. c. 19.-No Officer of a Lord of a Franchise shall be Attorney in the same .... ib. [No. VIII. ] 7 Henry IV. c. 13.-Impotent Persons that be outlawed may make Attornies ...... [No. IX. ] 1 Henry V. c. 4.-Sheriffs' Bailiffs shall not be in the same Office in three years after. Sheriffs' Officers shall not be Attornies ... ............ .... 38 [ No. X. 33 Henry VI. c. 7.-How many Attornies may be in Norfolk, how many in Suffolk, and in Norwich ib. |