Discharge under the Lord's Act. There is not much that is peculiar in the practice of this Court, relative to the discharge of prisoners, under the Lords' act (j). The prisoner is brought up at the assizes, generally before the Judge on the crown side, at the conclusion of the other business. The Prothonotary makes out a rule to bring the Prisoner to the bar, which rule is left with the gaoler. By a general rule of this Court, of Sep. Ass. 1796, it was ordered, that the gaoler should receive money payable according to the provisions of the statute 32 Geo. II., and forthwith pay the same to the prisoner. (j) 32 Geo. 2, c. 28, which Act (except as to its compulsory provisions) is suspended. See Arch. [by Chitty], 744, as to this Act, its alterations by subsequent statutes, and its suspension. BOOK 5. OF MATTERS, MISCELLANEOUS, AND INCIDENTAL (a). CHAP. I. OF THE REMOVAL OF CAUSES TO THIS COURT. Court. Causes are removable to this Court, before judgment, Removal of from inferior Courts of Record within the County, by writ causes to this of Certiorari (b); and from Courts not of Record, by writ of Recordari facias loquelam, Pone loquelam, or Accedas ad curiam. When it is intended to remove a cause from the County Court of Lancashire, to the King's Bench, it must first be removed to this Court, and afterwards, on sufficient grounds, it may be removed to the King's Bench (c). Causes are also removable hither, after judgment, from inferior Courts of Record within the County, by writ of Error; and from Courts not of Record, by writ of False Judgment. ed. It is proposed, in this chapter, to consider the removal In what cases of causes before judgment; and it may be observed, that removal allowin general, they may be so removed, wherever this Court has a jurisdiction over them, and possesses the same power of administering justice, as the Court below. (a) This book comprises those miscellaneous and incidental matters, collateral to a suit, which could not properly be introduced into the previous part of the treatise; and is confined to subjects which are attended with some peculiarity in the practice of this Court where, therefore, there is no such peculiarity, reference must be made, to the practice of the superior Courts at Westminster, adopting that of the Common Pleas, wherever it differs from that of the other Courts at Westminster. : (b) The Writ of Habeas Corpus also serves incidentally to remove a cause, from an inferior Court of record; but as this writ is seldom used, except for the purpose of removing a defendant, to this Court, to be rendered in discharge of bail, here, it will be considered in another place. See post B. 5, ch. 14. (c) Edwards v. Bowen & an. 5 B. & C. 206. 7 D. & R. 709, S. C. In what cases not allowed. Removal from the Borough Court of Liverpool. Where, however, the cause of action is of a trifling amount, as for a debt under forty shillings, it is deemed beneath the dignity of a superior Court to entertain cognizance of it; and therefore after a removal in such case, (unless it appear that justice cannot be had in the Court below), the Court above, will either remand the cause, or quash the writ of removal (d): neither can any cause (not concerning freehold, or inheritance, or title of land, lease or rent), be removed, otherwise than by writ of error, or attaint, from any inferior Court of Record, if it appear or be laid in the declaration, that the debt or damage, doth not amount to five pounds; and provided there be a Barrister of three years standing, Steward, or Judge, of such inferior Court (e). A further restriction has been put upon the removal of causes to this Court, before judgment, from the Court of Passage of the Borough of Liverpool, for by a late act (ƒ), it is provided, that if in any action, thereafter to be brought, in the said Court of Passage, (excepting actions concerning the inheritance, or freehold, or title to land; and except actions of ejectment), it shall appear by the declaration, that the debt, damages, or value of the things demanded, do not amount to the sum of twenty pounds, then such action shall not be removed out of the said Court of Passage, into any other Court whatever, otherwise than by writ of Error; or in pursuance of statute 19, Geo. III., c. 70—that is, for the purpose of issuing execution from one of the Courts at Westminster. At what stage Causes may be removed from inferior Courts, at any of the proceed-time before the Jury have appeared, and one of them is ings causes are removable. sworn (g): but not from Courts of record (except on error or attaint), unless the writ of removal be lodged before Issue or Demurrer joined in the cause, so as the same be not joined within six weeks next after the arrest (d) Daniel v. Phillips, 4 T. R. 499. (e) 21 Ja. 1 c. 23, s. 4, 6; and see 12 Geo. 1. c. 29, s. 3. (f) 4 & 5 W. 4, c 92, s. 5. (g) See statute 43 Eliz. c. 5, s. 2, which, though confined to the removal of causes to the Courts at Westminster, has been referred to, as a guide on the removal of causes to this Court. This is a public local Act; see sec. 15. or appearance of the Defendant (h). The removal may be effected after interlocutory judgment (i) ; but not after verdict, either on an Issue, or Inquiry (j): and the writ of removal should be lodged a reasonable time before the holding of the Court, at which the cause stands for trial, otherwise the opposite party will, it should seem, be entitled to the costs of preparing for trial. In the County Court of Lancashire, a party is generally allowed, in such costs, for summoning witnesses, at any time within six days previous to the Court at which the cause stands for trial; and by an old rule of that Court, the writ of Pone, or Re. fa. lo. is required to be lodged three days (exclusive) before the subsequent Court, [that is, the Court at which the cause stands for trial]; otherwise, the reasonable expenses of witnesses attending such Court will be allowed (k). of a removal. Before the removal of a cause from the County Court, Pre-requisites by a Defendant, it is the practice for him to enter an appearance in such Court, provided an appearance has not been entered for him by the Plaintiff, in the name of the Bailiff who served the process. Appearance. It is enacted by stat. 34 Geo. III, c. 58, s. 2, that “ no Recognizance. 66 cause where the cause of action shall not amount to the 66 66 sum of ten pounds, or upwards, shall be removed, or removable, from any Court of inferior jurisdiction, into "this Court, by any writ of Pone, Accedas ad curiam, Cer- When neces“tiorari, or otherwise, unless the Defendant, who shall be sary. "desirous of removing such cause, shall enter into the like "recognizance [as is required on a writ of false Judgment, (1)] for payment of the debt, or damages, and costs, in "case judgment shall pass against him. This statute extends to actions of tort, as well as debt and assumpsit (m). But if the cause of action be, in fact, for less than ten pounds, though the damages in the process and declara (h) Stat. 21, Ja. 1, c. 23, s. 2. (i) Godley v. Marsden, 6 Bing. 433. Smith v. Sterling 3 Dowl. P. C. 609. (k) Woodburn's Pr. Coy. Co. of Lan. pa. 51. (That is with two sufficient sureties, such as the Court wherein such judgment is, or shall be given, shall allow of," see post ch. 19; and see the form of recognizance, post pa. 240. (m) See Lee & ux. v. Goodlad, 4 D. & R. 350. Recognizance on removal. When not necessary. Taking the tion, are laid at a sum beyond it, a recognizance is not necessary (m). If a recognizance be not entered into, (when required), a Procedendo may be issued (n). The above act applies exclusively to the removal of causes to this Court, and its language is similar to that of the previous Act of 19 Geo. III., c. 70, s. 6, which relates to the removal of causes to " any superior Court." By both these statutes, a recognizance is necessary, where the cause of action is under ten pounds; but by 7 and 8 Geo. IV. c. 71, s. 6, the provisions of the 19th Geo. III. are extended to all actions, where the cause of action shall not amount to twenty pounds; and since the 7 and 8 Geo. IV., it has been the practice to enter into such recognizance, on the removal from Borough Courts, to this Court, in all cases where the cause of action does not amount to twenty pounds; which practice is founded on the assumption, that such removal is regulated by the statute 19, Geo. III. (0). A Plaintiff may remove his cause (except, as it would seem, from the Borough Court of Liverpool (p)) without entering into recognizance, although the cause of action may not amount to ten pounds: for the statute requires the recognizance to be entered into, by a Defendant, only. The recognizance (the form of which is given below (q)) Recognizance. is taken by the proper officer of the inferior Court, as the town clerk, or undersheriff; and is usually left with such (m) Atterborough v. Hardy, 2 B. & C. 802, (o) But quære whether the statute 34 Geo. 3, (and which is not affected by the 7 & 8 Geo. 4), does not apply to the removal of causes from Borough Courts. (p) See ante pa. 238. (4) Recognizance on removing a cause to this Court. Lancashire to wit. A. B. complains of C. D., of a plea of trespass on the case [or as the action may be] to the damage of the said Plaintiff of £9. 19s. Ild. as it is said; and the said C. D. being desirous to remove the above cause into the Court of Common Pleas at Lancaster, pursuant to the statute made in the thirty-fourth year of the reign of his late Majesty King George the third, intituled an Act to prevent the removal of "suits from the inferior Courts, in the County Palatine of Lancaster, "into the Court of Common Pleas of the said County Palatine," two sufficient sureties on behalf of the said C. D. to wit, E. F. of in the County of Lancaster, and G. H., of the same place severally acknowledge to owe to the said A. B., the sum of one |