..55, 58 SO 79 .76, 306 77 78 96a 80 34 45 73 Hague, Exp., 3 Brod. & B. 257...... 96c Hancock, Exp., 2 Dowl. N. C. 54.... 800 Hulme, Exp., 4 Dowl. 88, 1 Har. & Humphreys . Harvey, 1 Bing. N. C. Hunter v. Neck, 10 Law J., 297, cp. 67 32 69 I. 47 53 67 Ibbotson v. Tindal, 1 Bing. 156........... Iveson v. Corrington, 2 D. & R. 207, 1 B. & C. 160 72 Harrison v. Ward, 1 Har. & W. 353. Henry, Re, 8 Law J., 12, qb. Hertfordshire, Sh. of, R. v., 9 Dowl. 916 M. 183 Jones v. Roberts, 2 Dowl. 656 Jones v. Robinson, 2 Dowl. N. C. 1044 34 Jordan v. Hunt, 3 Dowl. 666.... 81, 82 88 Joy, Exp., 3 Dowl. 342..... 77 Heppel v. King, 7 T. R. 370......38, 171 Jones v. Lewis, 9 Dowl. 143 Hewitt v. Bellott, 2 B. & A. 745..76, 44, 78, 94 Kemp v. Burt, 1 Nev. & M. 262.... 95 966 96a Hill, Exp., 2 W. Bl. 991 Knight, Exp., 1 Bing. 91 96a Hilleary v. Hungate, 3 Dowl. 56..58, Hindle v. Shackleton, 1 Taunt. 536.. Knight & Hall, Re, 1 Bing. 142 92 60 Hodkinson v. Mayer, 6 Ad. & El. Hodson, Re, 3 Dowl. 330, 1 Har. & Hodson v. Terrall, 2 Dowl. 264 Lambert v. Buckmaster, 2 B. & C. 616 Lane v. Glenny, 7 Ad. & El. 83 79 78 83 96a 96 Leacroft, Exp., 4 B. & A. 90 ...... 53 .... 61 82 Llewellyn, Exp., 12 Law J., 138, qb. 45, 50 96a 71 77 61 50 PAGE 82 90 61 82 Middleton v. Hill, 1 M. & S. 240.... Montriou v. Jefferey, 1 Ry. & M.317. 95 Morley v. Cole, 1 Price, 103... Morris v. James, 6 Dowl. 514....72, 116 Morris v. Parkinson, 2 Cr. M. & R. 54 70 Nicholls v. Wilson, 11 Mees. and W. 106, 2 Dowl. N. C. 1031.. Nicholls, Re, 12 Law J., 103, qb. Northfield v. Orton, 1 Dowl. 415 Norton v. Curtis, 3 Dowl. 245...... 0. .70, 78 63 Marr v. Smith, 4 B. & A. 466....71, 81 Matchet v. Parkes, 9 Mees. & W. 767 Matson, Exp., 2 D. & R. 238 Maxwell, Exp., 4 Dowl. 87 May v. Pike, 4 Mees. & W. 197.... Mayer, Exp., 5 Moore, 141.. ..60, Meekin v. Whalley, 1 Bing. N. C. 59. Meggs v. Binns, 2 Bing. N. C. 625.. Merrington v. A'Beckett, 2 B. & C. 81 Oliver, Re, 4 Nev. and M. 471, 1 Har. 79 93 Ormerod v. Tate, 1 East, 464 ...... 81 P. Painter v. Linsell, 8 Dowl. 250..74, 83 Palmer, Re, 4 Nev. & M. 529, 1 Har. & W. 55 Parry, Exp., 5 Dowl. 81 Parsloe, v. Foy, 2 Dowl. 181 ...68, 96d 94 Parsons, Re, 5 Nev. & M. 241.... 40 Middlesex, Sh. of, R. v., 5 Dowl. 245. 225.. Middlesex, Sh. of, R. v., 3 East, 604. Sh. of, R. v., 2 M. & S. Middlesex, 38 ..36, 187 562... Middlesex, Sh. of, R. v., 2 Smith, ..36, 209 195 Peace v. Jones, 8 Dowl. 314.. Penson v. Johnson, 4 Taunt. 724.... 57 61 61 248... Middlesex, Sh. of, R. v., 1 Taunt. 56. Middlesex, Sh. of, R. v., 3 T. R. 133. 36 39 Pickford v. Ewington, 4 Dowl. 453.. 69 BOOK I. THE COURTS OF COMMON LAW AT WESTMINSTER, AND THE JUDGES AND OFFICERS THEREOF. CHAPTER I. The courts, and their jurisdiction, sittings, &c. Their jurisdiction.] The courts of Common Law at Westminster, namely, the courts of Queen's Bench, Common Pleas these actions are now commenced, uniformly, in all these courts, and Exchequer, have jurisdiction in all personal actions; and by writ of summons in ordinary cases, by writ of detainer against a prisoner, or by a special writ of summons against a member of parliament subject to the bankrupt laws, when it is intended to proceed against him under stat. 6 G. 4, c. 16, s. 10. They also have jurisdiction in ejectment. The court of Queen's Bench has a peculiar criminal jurisdiction; and all proceedings to obtain and prosecute writs of mandamus, and informations in nature of the writ of quo warranto, belong exclusively to that court. The court of Common Pleas had formerly exclusive jurisdictions in real actions; and in mixed actions (excepting ejectment), unless the action were at the suit of the King or perhaps the court of Exchequer, had a concurrent jurisdiction with it. And the court of Common Pleas has still jurisdiction in the writ of right of dower, dower unde nihil habet, and quare impedit; all other real and mixed actions (excepting ejectment) being abolished by stat. 3 & 4 W. 4, c. 27, s. 37. The court of Exchequer has exclusive jurisdiction in all matters of revenue, not determinable before the commissioners of excise or justices of the peace, and not amounting to an indictable offence. It has also exclusive jurisdiction as to all debts due to the crown. By stat. 11 G. 4 & 1 W. 4, c. 70, ss. 13, 14, the jurisdiction of these courts was extended to Wales and the county palatine of Chester, in as full a manner, for every purpose, as they exercised it in any English county; and the court of session and court of Exchequer of Chester, and the courts of great sessions in Wales, were abolished. The judges of the courts of Queen's Bench and Common Pleas, constitute the court of error, in error from the Exchequer; the judges of the court of Queen's Bench and barons of the Exchequer, constitute the court of error, in error from the Common Pleas; and the judges of the court of Common Pleas and the barons of the Exchequer, constitute the court of error, in error from the court of Queen's Bench. See stat. 11 G. 4 & 1 W. 4, c. 70, s. 8. The terms.] Hilary term begins on the 11th, and ends on the 31st of January; Easter term begins on the 15th of April, and ends on the 8th of May; Trinity term begins on the 22d of May, and ends on the 12th of June; and Michaelmas term begins on the 2d, and ends on the 25th of November: provided that if the whole or any number of the days intervening between the Thursday before and the Wednesday next after Easter day, shall fall within Easter term, there shall be no sittings in banc on any of such intervening days, but the term shall in such a case be prolonged, and continue for such number of days of business as shall be equal to the number of intervening days before mentioned, exclusive of Easter day; and the commencement of the ensuing Trinity term shall in such case be postponed, and its continuance prolonged for an equal number of days of business. 11 G. 4 & 1 W. 4, c. 70, s. 6. These intervening days, however, shall be deemed a part of the term, although there shall be no sittings in banc upon them; 1 W. 4, c. 3, s. 3; but they shall not be reckoned or included in any rules or notices or other proceedings, except notices of trial, and notices of enquiry. R. G. E. 2 W. 4. If the day on which the term is thus to end, should happen to fall on Sunday, the Monday next following shall be deemed the last day of the term. 1 W. 4, c. 3, s. 3. Formerly writs must have been made returnable in term, and it is still required in the real and mixed actions of which the court of Common Pleas has exclusive jurisdiction, as above mentioned. But now, the writ of summons in personal actions, does not specify any day on which it is returnable, but it is deemed returnable as soon as it is executed, and the defendant must appear to it within eight days afterwards, at his peril. So, writs of execution are now made returnable immediatè. It is not necessary, therefore, to give any list here of what were formerly called the general return days of a term. Proceedings in vacation.] Besides the delay formerly occasioned in actions in the common law courts, by writs being |