LAW. 



G49 



rect the errors of other jurisdictions, and to determine 

 causes by writs of error from the common law side of 

 the Court of Exchequer. From all the branches of this 

 court a writ of error lies to, 



12. The H'Mte of Peers, which is the supreme court 

 of judicature in the kingdom, to rectify any injustice 

 of the law committed by the courts below, and in all 

 dubious cases referring themselves to the opinion of the 

 judges, who are summoned by writ to advise them. 



13. The courts of' assize and nisi prius are composed 

 of two or more commissioners, who are sent twice in 

 every year round the kingdom (except London and 

 Middlesex, where courts of nisi prius or sittings are 

 holden in and after every term before the chief or other 

 judges of the several superior courts, and excepting 

 the four nothern counties where the assizes are holden 

 once a year) to try by a jury of the respective counties 

 the truth of such matters of fact as are then under 

 dispute in the courts of Westminster- HalL They usu- 

 ally make their circuits in the respective vacations af- 

 ter Hilary and Trinity terms. 



o-ti- It. Ecclesiastical courts (which were separated from 

 mi. the temporal courts by William the Conqueror,) or 

 courts Christian, are, 1 . The court of the arch-deacon, 

 which is the lowest court in the whole ecclesiastical po- 

 lity ; from whence an appeal lies to that of the bishops. 

 2. The court of the bishops' consistory, which is held in 

 their several cathedrals for the trial of all ecclesiastical 

 causes arising within their respective dioceses; whence 

 an appeal lies to the archbishop of each province re- 

 spectively. 3. The court of arches, which is a court 

 of appeal belonging to the archbishop of Canterbury ; 

 whence an appeal lie* to the king in chancery (that is, to 

 court of delegates appointed under the king's great seal) 

 as supreme head of the church. 4. The court of pecu- 

 liars, which M a branch of and annexed to the court of 

 mrcbes; whence also an appeal lies to the king in chan- 

 cery. 5. The prerogative court, which is established for 

 trial of all testamentary causes where the deceased ha* left 

 bona notabilta within two different dioceses; the judge is 

 called the judge of the prerogative court, from whom 

 an appeal ties to the king in chancery. 6. The court 

 of delegates (judicrs detegati) which is the great court 

 of appeal in all ecclesiastical causes, appointed by the 

 king'* commission under his great seal, and issuing out 

 of chancery, to represent his royal person, and hear all 

 appeals made to him. 7. A commission of review, which 

 is a commission sometimes granted in extraordinary 

 cases, to revise the sentence of the court of delegates. . 

 i mi- 15. Of cjurl* military, the only one is governed by 

 the laws of chivalry ; but even this one seems now in 

 disuse. Courts mart.al are annually established by act 

 of parliament, being only temporary. 



ISM Maritime courts are, 1. The court of admiralty, 



which has jurisdiction over offences committed upon 

 the seas, or in parts out of the reach of the common law. 

 S. The court of delegates ; and, 3. The lords of the 

 privy council, and others authorised by the king's com- 

 mission for prize cause*. 



i at 17- Court* rf a private or special jurisdiction are, 

 I Jo- 1. The forest court*, including the courts of attach- 

 ** ments, regard, sueinmote, and justice-seat, all of which 

 are now in disuse. 2. The court of commissioners of 

 sewers, whose jurisdiction is to overlook the repairs of 

 sea banks, and sea walls, the cleansing of rivers, pub- 

 lic stream*, &c. 3. The Marshalsea and the palace 

 court, having jurisdiction twelve miles round the king's 

 palace. 4. The courts of the principality of Wales. 

 5. The court of the duchy of Lancaster, o. The courts 

 of the counties palatine, and other royal franchises. 

 you zii. PART n. 



7. The stannary courts of Cornwall and Devon, to ad- Law 

 minister justice among the miners. 8. The courts of f England. 

 London, and other corporations ; to which may be re- S """"~Y"^"' 

 ferred the courts of requests, or courts of conscience, 

 and the modern regulations of certain courts baron, and 

 county courts. 9. The courts of the two universities, 

 which enjoy the sole jurisdiction, in exclusion of the 

 king's courts, over all civil actions and suits whatso- 

 ever when a scholar or privileged person is one of the 

 parties, except in such cases as where the right of free- 

 hold is in question. 



18. Injuries to the rights of persons are redressed by Suits or 

 tvil* or actions, which are defined to be the legal de- actions are 

 mand of one's right, and these are, 1. Personal. 2. Real. ther, 

 3. Mixed. 



19- ( 1.) Personal actions are, where a satisfaction is (1.) Per- 

 cl aimed of damages for some injury done either to per- sonal ; 

 son or personal property. 



20. (2.) Real actions concern real property only, such (2.) Heal ; 

 as lands, rents, commons, and other hereditaments. or, 



21. (15.) Mixed actions partake of the nature of both, (3) Mixed. 

 such as actions for waste, brought by him who has 



the inheritance in remainder, or reversion, to recover 

 the land upon which the waste has been committed, 

 and treble damages in pursuance of the statute of 

 Gloucester. 



22. The general and orderly parts of a suit in the The arts 

 courts of common law are, 1. The original writ. 2. The f a suit or 

 process. 3. The pleadings. 4. The issue or demurrer, action in 

 5. The trial. 6. The judgment and its incidents. 7. ttle courts 

 The proceedings in nature of appeals. 8. The execu- f comln n 

 tion. 



23. (1.) The original writ must be regulated accord- (i.) The 

 ing to the circumstances upon which the action is original 

 founded, either detinue, trover, trespass vi et amis, writ - 

 &c. An original writ is from the court of chancery 

 directed to the sheriff of the county wherein the in- 

 jury is committed, or supposed so to be, requiring him 



to command the wrong-doer either to do justice to the 

 complainant, or else to appear in court and answer the 

 accusation against him. Whatever the sheriff does in 

 pursuance of this writ, he must return or certify to the 

 court, together with the writ itself, it being the king's 

 warrant for the judges to proceed to the determination 

 of the cause. 



24. (2. ) The process is the means of compelling the ^ pjg. 

 defendant to appear in court to answer to the original CC ss. 

 writ. This is called original process, when founded 



upon the original writ, to distinguish it from mesne or 

 intermediate process, which issues pending a suit, as to 

 summon juries, witnesses, Kc. 



The primary step in process is to give notice to the Primary 

 party to obey the original writ. This notice is given, s t e P- and 

 except in trespasses real or presumed against the peace, jfJ 1 "? 10 * 

 by summons. If the defendant disobeys this monition, ^ t 5 ~ 

 the practice now is, to sue out a capias in the first in- obedience, 

 stance upon the supposed return of the sheriff; and if 

 the sheriff return nun est invenlus, or that he is not in 

 his bailiwick, a testatitm capias issues, directed to the 

 sheriff of whatever county he is supposed to be in. And 

 where an action is brought in one county, and the de- 

 fendant lives in another, it is usual to make out a Irs- 

 tatum capias at first, supposing a capias and an original 

 to have issued. But where the plaintiff wishes to pro- 

 ceed to outlawry, process must be gone regularly 

 through ; and upon a non est inventus being returned, 

 then shall an alias issue, and after that a /j/wn'ro .- and 

 if a non est invenlus is returned upon all these, a writ 

 of exigent facial issues, to which is returned quinto ex- 

 actv*. The defendant shall then be outlawed by the 



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