BOOK I. CHAP. 1. OF THE NATURE AND JURISDICTION OF THE COURT OF The court of Common pleas at Lancaster is recognised Jurisdiction.. as one of the superior courts of the kingdom (a); and possesses throughout the county, a concurrent jurisdiction with the courts of common law at Westminster, in all personal actions, and actions of ejectment. The jurisdiction of the court in all actions, except those against attorneys and officers of the court, was primarily founded on an original writ, issued, not from the chancery of England, (there being no cursitor there for the issuing of such writs into counties palatine) but from the chancery of the county palatine, and returnable before the justices of the common pleas at Lancaster (b). Concurrent. In all cases, therefore, where an original writ from chan- Exclusive. cery, was necessary to support the proceedings of a superior court, this court has possessed within the county an exclusive jurisdiction, as in all real actions for lands within the county and consequently, in the levying of fines and suffering of recoveries of such lands. In personal actions the original writ, though supposed to be issued, yet rarely in fact was so in modern times, except in proceedings against corporations within the county, which, until the 4 and 5 W. IV. c. 62, must necessarily have been commenced by original, issued from the chancery of the county palatine; and therefore, this court in such cases had exclusive jurisdiction. In all other personal actions, the courts at Westminster have for a long time exercised within (a) 1 Saund 74. 83 See 1st Report of the Commissioners appointed to inquire into the practice of C. P. L., page 7. What necessary Jurisdiction the county a jurisdiction, concurrent with that of the court of common pleas at Lancaster, having it is said, acquired such community of jurisdiction from the following circumstances: 1. By the disuse of pleas to the jurisdiction of the courts at Westminster. 2. By those courts allowing a plaintiff, in a transitory cause of action, arising within the county palatine, to proceed by testatum capias, laying the venue in another county; and not allowing the defendant to change the venue to the county palatine, without his undertaking not to assign for error, the want of an original. 3. By the practice of the courts at Westminster, in entertaining original jurisdiction, without the aid of an original writ (c). By the abolition of fines and recoveries (d), and the substitution of the summons and capias for the original writ, in the commencement of personal actions, very little remains of this court's exclusive jurisdiction, which is now confined to the few remaining instances of real actions for lands within the county (e). In order to give this court jurisdiction in personal acto give the Court tions, it is not necessary that the cause of action should arise within the county, nor that the plaintiff should reside there. If the defendant be amenable to the process of the court by his person or effects, it is sufficient (ƒ). Its appellate and superior Jurisdi ction. This court is a court of appeal from the decisions of inferior courts within the county, by writ of error, or false judgment; and proceedings are removable from inferior courts of record within the county, by writ of certiorari, or habeas corpus cum causa, and from courts not of record, by writ of pone loquelam, recorduri facias loquelam, or accedas ad curiam. (c) 1st Report of the Commissioners of C. P. L., page 3. (d) By Stat. 3 and 4, W. 4, c. 74. (e) The Stat. 3 and 4, W. 4, c. 27, s. 36, abolished all real and mixed actions, except the writ of right of dower, writ of dower unde nihil habet, quare impedit, and ejectment. These actions, except that of ejectment, must still be commenced by original writ; and the action of ejectment may be brought in the same manner as formerly. See Tidd's pr. (1833) p. 62. (f) 1 Bac. Ab. Tit. Courts Palatinate. 1 Saund 74. Evans's Pr C. P. L. page 3. Proceedings are removable from this court to the King's Removal from Bench, by writ of certiorari, but such removal is not this Court. allowed without a special ground for it (g); and a writ of error lies from this court to the King's bench, for although this is a superior court, yet its jurisdiction is derived from the crown (h). An injunction to stay proceedings in this court may be Injunction to had from the Chancery of Lancashire, which has a con- stay proceedings current jurisdiction with the high court of Chancery, in granting such injunctions, where the litigant parties are resident within the jurisdiction (i). by Mittimus. In causes sent from the courts at Westminster for trial Trial of Causes in a county palatine, instead of the common writ of venire facias, there is a special writ of mittimus, directed to the justices there, commanding them to issue the jury process, and when the cause is tried, to send the record back to the court above. Court. The Process of the Court cannot be executed out of the Process of the county, except only the writ of subpoena, which by statute 4 and 5, W. 4, c. 62, s. 29, may be served in any part of England or Wales. and Rules out of The statute just referred to, has also given a greater efficacy to the proceedings of this court in two other important particulars: the one, where a plaintiff, or defendant, Mode of enforagainst whom a judgment is recovered, shall remove his cing Judgments person or goods out of the jurisdiction; in which case any the county. of the courts at Westminster is empowered to issue an execution into any county, upon a certificate from the Prothonotary of the amount of such judgment (j): the other, where parties against whom it is desired to enforce rules of this court, are resident out of its jurisdiction; in which case upon a certificate of the rule by the Prothonotary, and an affidavit that by reason of such non-residence, (9) See post B. 5, ch. 2. (h) See post B. 5, ch. 18. Cheetham v. Crook and others, 1 M'C. and Y. 307. (j) 4 and 5, W. 4, c. 62, s. 31. Forms of proceedings. the rule cannot be enforced, it may be made a rule of any of the courts at Westminster, and enforced as such (k). The forms of proceedings in this court are for the most part the same as those of the courts at Westminster. And Assimilating the in order to effect, as far as possible, an uniformity of practice to that practice, the judges of this court, or any two of them, are, Westminster. as we have seen (1) empowered to adopt, mutatis mutandis, of the Courts at any of the rules of the courts at Westminster. But where the practice of those courts differs, and there is no rule peculiar to this court, its practice is governed by that of the Common pleas at Westminster. (k) 4 and 5, W. 4, c. 62, s 32. See ante pa, 10. BOOK 1. CHAP. II. OF THE JUDGES AND OFFICERS OF THE COURT. The Judges of this Court were formerly limited to two The Judges. in number, being always the two judges of the courts at Westminster who had chosen the northern-circuit; but by statute 4 and 5 W. 4, c. 62, s. 24, the King is empowered "in right of his duchy and county palatine of "Lancaster, from time to time to nominate and appoint "all or any of the judges of the superior courts at West"minster, to be judges of this court: provided never"theless, that the judges before whom the assizes for this county shall from time to time be held, and their res"pective officers, shall alone be entitled to the fees and "emoluments heretofore received by the judges of the county palatine, and their officers.' In pursuance of this 66 act, the King, by his letters patent, under the seal of the county palatine, dated the 15th November, 1834, constituted all the then judges of the courts of King's Bench, Common Pleas at Westminster, and Exchequer, judges of this court, reserving to the two judges of the preceding assizes, their fees and emoluments. And by another patent, dated the 3rd March, 1835, his Majesty appointed the then lately created judges of the courts at Westminster, Lord Abinger, and Sir J. T. Coleridge Knight, to be judges of this court. Notwithstanding the above general appointment, the judges of this court before whom the Assizes are holden, are now, as heretofore, appointed by a separate commission, under the seal of the county palatine (a), which latter appointment is made whenever a change takes place in the judges who go the northern-circuit. (a) 27 H. 8, c. 24, s. 5. |