[ No. II. ] 13 Edward I. st. 1. c. 31.-An Exception to a Plea shall be sealed by the Justices .... 341 [ No. III. ] 14 Edward III. st. 1. c. 5.-Delays of Judgments in other Courts shall be redressed in Parliament 342 [ No. IV. ] 1 Edward III. st. 1. c. 4.-Trial of an Averment in a Writ of False Judgment.... .... 348 [No. V. ] 31 Edward III. st. 1. c.12.-The Lord Chancellor and Lord Treasurer shall examine erroneous Judgments given in the Exchequer .......................... [No. VI. ] 9 Richard II. c. 3.-A Writ of Error or Attaint maintainable by him in the Reversion ........ ................. .... 349 ib. 350 [ No. VII. ] 4 Henry IV. c. 23.-Judgments given shall continue until they shall be reversed by Attaint or Error .... [No. VIII. ] 3 Henry VII. c. 10.-Costs, &c. awarded to the Plaintiff, where the Defendant sueth a Writ of Error ib. 351 [ No. IX. ] 19 Henry VII. c. 20.-Writs of Error [No. X. ] 27 Elizabeth, c. 8.-An Act for Redress of erroneous Judgments in the Court commonly called the King's Bench [ No. XI. ] 31 Elizabeth, c. 1.-An Act against Discontinuances of Writs of Error in the Courts of Exchequer and King's Bench ib. ........ ........ ........... ........ 352 [ No. XII. ] 3 James I. c. 8.—An Act to avoid unnecessary Delays of Executions 354 [No. XIII. ] 13 Charles II. st. 2. c. 2.—An Act for Prevention of Vexations and Oppressions by Arrests, and of Delays in Suits of Law [ No. XIV. ] 16 Charles II. c. 2.-An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer ..... [ No. XV. ] 16 & 17 Charles II. c. 8.-An Act to prevent Arrests of Judgment, and superseding Executions [ No. XVI. ] 20 Charles II. c. 4.-An Act for proceeding to Judgment on Writs of Error brought in the Exchequer ... ib. [No. XVII. ] 10 & 11 William III. c. 14.-An Act for limiting certain Times, within which Writs of Error shall be brought for the reversing Fines, common Recoveries and ancient Judgments ... ..... ib. [ No. XVIII. ] 5 George I. c. 13.-An Act for the Amendment of Writs of Error; and for the further preventing the Arresting or Reversing of Judgments after Verdict 356 ....... [No. XIX. ] 6 George IV. c. 96.-An Act for preventing frivolous Writs of Error. -[5th July 1825.] 356 PART IV. CLASS XIV. Miscellaneous Statutes respecting Civil Actions and Proceedings. [No. I.] 11 Henry VII. c. 12.-A Mean to help and speed poor Persons in their Suits ... 357 [ No. II. ] 1 Edward VI. c. 7.-The Continuation of Actions after the Death of any King [No. III. ] 29 Charles II. c. 5.-An Act for taking Affidavits in the Country, ib. to be made use of in the Courts of King's Bench, Common Pleas, and Exchequer ........ 359 [ No. IV. ] 9 & 10 William III. c. 15.-An Act for determining Differences by Arbitration ...... .... ..... 360 [No. V. ] 6 Anne, c. 31.-An Act for the better preventing Mischiefs that may happen by Fire [ No. VI. ] 4 George IV. c. 73.-An Act to facilitate the Recovery of Damages for malicious Injuries to Property in Ireland.—[11th July 1823.] 366 A COLLECTION OF THE STATUTES, &c. &c. &c. PART IV. Of Courts and Civil Proceedings. VOL. III. CLASS 1. General Courts of VOL. IV. CLASS 15. Wales, Counties Pa CLASS I latine, Liberties. 16. Inferior Courts. 17. Statutes relating to 18. Real Actions. 19. Distress, Replevin, 20. Actions against Jus- 21. Penal Actions and 22. Hue and Cry, and 23. King's Debts. 24. Ecclesiastical and Ma- 25. Courts of Equity. 27. Warden. General Courts of Common Law, Court Houses, Judges. [ No. I.] MAGNA CHARTA.-9 Henry 3. c. 11.-Common Pleas shall not follow the King's Court. COMMON PLEAS shall not follow our Court, but shall be holden in some place certain.' VOL. III. ! 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.' [No. III.] 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. The 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 . 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. Cer No. IV. 13 Edward I. st. 1. c. 30. 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 Who shall be 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 Gulc of August: and the second time between the Feast of the Exaltation of the Holy Cross, and the Utas of Saint Mi'chael; 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 deter⚫ mined 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. Nisi Prius. And such inquisition shall not be determined by any Justices of the Assises of darBench, 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 The writ of rein presentment and quare ' writ judicial by these words :'-Præcipimus tibi quod venire facias impedit shall 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. 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 ver'ther 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. V. 27 Edward I. st. 1. c. 4. 28 Edward I. stat. 3. c. 4. 28 Edward I. stat. 3. c. 5. [ No. V. ] 27 Edward I. st. 1. c. 4.—Nisi Prius shall be granted before one of the Justices of the Court where the suit is commenced. 66 66 ALSO where we have provided that none shall be impanelled any where out of the shire where he is dwelling, in recognisances, enquests and juries, that have less than an hundred shillings of land, whereby as well they as others who have more lands, by too often appearing as well in our Exchequer as before our Justices of either "Bench, are much impoverished :" 66 II. We therefore, considering the intolerable damage of our people, not only for the discharge of such jurors, but also for the more speedy ministration of justice to all parties suing in our Court, have provided and ordained, that enquests and recognisances determinable before Justices of either Bench, from henceforth shall be taken in time of vacation before any of the Justices before whom the plea is brought, being associate with one knight of the same shire where such enquests shall pass, unless it be an enquest that requireth great examination. And so from henceforth in taking such enquests, the Justices shall do as to them shall seem most expedient for the common utility of our realm, notwithstanding the statute lately made at Westminster upon the taking of such enquests, containing, that if any enquests be taken contrary to the form of the said statute, they should be of none effect.' [No. V. a. ] 28 Edward I. stat. 3. c. 4.-Common Pleas shall not be holden in the Exchequer. MO OREOVER no Common Pleas shall be from henceforth holden in the Exchequer, contrary to the form of the Great Charter.' [No. VI. ] 28 Edward I. stat. 3. c. 5.-The Chancellor and the Justices of the King's Bench shall follow the King. AN ND on the other party, the King will, that the Chancellor and the Justices of his Bench shall follow him, so that he may have at all times near unto him some sages of the law, which be able duly to order all such matters as shall come unto the Court at all times, when • need shall require.' [No. VII. ] 12 Edward II. stat. 1. c. 3.-Inquests and Juries touching Plea of Land shall be taken by Nisi Prius. 12 Edward II. " st. 1. c. 3. 13 Ed. 1. st. 1. c. 30. 27 Ed. 1. st. 1. c. 4. AND ND where it is contained in a Statute made at Westminster the second day of April, in the twenty-seventh year of the reign of "the King's Father that now is, that Inquests and Recognisances taken "before Justices of the one Bench and of the other, should be taken "before any Justice of the places accompanied with some Knight of "the Shire where such Inquests hap to be taken, if they have not "need of great examination; and that in such Inquests the Justices "shall do as they think most expedient for the wealth of the Realm, "the which Statute needeth to be better declared;"it is agreed, That Inquests and Juries that be and shall be taken in pleas of land, that st. 1. c. 16. be-require not great examination, shall be taken in the Country before a fore what perJustice of the place where the plea is, accompanied with a substantial sons Nisi Prius man of the country, Knight, or other, so that a certain day be given may begranted. in the Bench, and a certain day and place in the Country, in the presence of the parties, if the demandant request it. And also the In See 14 Ed. III. |