As the official business of this court is transacted at Agents. Preston, it is expedient that an attorney residing elsewhere, should employ an agent there, to conduct the proceedings; and such agent must, in every respect, be qualified to act as an attorney. His business is, to issue the process, and file the proceedings, in actions. In general, notice of those things done at Preston, must be given to the opposite agent there (u); and demands of pleadings must be made from him (v).

When the principal is not admitted an attorney of this court, the name of his agent (being an attorney thereof), is, as we have seen, inserted in the proceedings; and he does not incur any penalty for allowing his name to be thus used; provided the principal is duly authorised to practise in any other court of record.

The duties, rights, and responsibilities of Preston agents, are, for the most part, the same as those of the agents in London (w).

(u) Some notices may be given either to the Attorney or Agent, as Notices of Trial and Inquiry, and countermands of such notices. See Barnes, 306.

(v) See Impey's Pr. C. P. 281.

(w) See Tidd's Pr. (9th Ed.) 96-97, 1 Arch. Pr. (by Chitty), pa. 31.

BOOK 1. CHAP. IV.

OF COMMISSIONERS FOR TAKING AFFIDAVITS AND

SPECIAL BAILS.

Commissioners to swear Affidavits.

Who may be ap pointed.

Mode of appointment.

Before the statute 17 Geo. 2, c. 7, much inconvenience was felt for want of commissioners to swear affidavits in this court, and that act therefore provides that the Chancellor of the Duchy and county palatine of Lancaster, or his Vicechancellor of the county palatine, may, by commissions, under the seal of the county palatine, empower what and as many persons as shall be thought necessary, to swear affidavits concerning any cause, matter, or thing, depending, or in anywise concerning any of the proceedings, in this court, and the other courts of the county palatine, therein mentioned.

This act does not confine the power of granting such commissions to persons, residing in England; and commissions have been granted to persons living in Ireland (a). But the Vice-chancellor has of late refused commissions to any but Attorneys, or persons in official situations, such as Judges', or Prothonotary's clerks.

The fiat for the commission is obtained from the Chancellor or Vice-chancellor of Lancashire, by one of the Cursitors there. The commission is made out on a 10s. stamp, by the acting Cursitor, and is afterwards sealed; and the Cursitors are required by the act, to enter in a book, to be kept for that purpose, the name of the commissioner, and the date of the commission.

(a) Exp. Gregg one, &c. of Dublin, Commission dated June, 1834; and Exp. Hitchcock one, &c. of Dublin, Commission dated 30th Oct. 1834.

Bails.

Commissioners for taking special bails in this court, are ap- Commissioners pointed by virtue of Stat. 34, Geo. III. c. 46, before which to take Special statute, such bails could not be taken but by one of the Judges, or the Prothonotary. By that act, however, the Chancellor of the duchy and county palatine, or his Vice-chancellor, may empower such and so many persons (other than common attorneys or solicitors) as shall be thought fit, to take recognizances of bail in any action depending in this court, in such manner and form, as special bails are usually, or by law ought to be, taken. Such commissioner cannot, however, take bail in error.

Who

may be appointed.

The person wishing to become a commissioner to take Mode of apbail, must procure a recommendation from respectable pointment. individuals, (as magistrates, clergymen, or solicitors): and it is proper for the persons so recommending, to certify the want of a commissioner at the place where the applicant resides. The recommendation is left with a clerk in court, who procures the fiat of the Chancellor or Vicechancellor for the commission. The fiat is directed to the Prothonotary, who prepares the commission (on a 10s. stamp), which is afterwards sealed: the Prothonotary gives written instructions for the commissioner how to take bail, together with forms of affidavits of caption and justification; and enters in a book kept for that purpose, the commissioner's name, residence, and addition.

BOOK 1. CHAP. V.

OF THE ASSIZES-RULE DAYS-AND RETURNS.

Order in Coun

cil for holding at

SECT. 1.-THE ASSIZES.

The sittings of this court for the dispatch of business are held during the assizes; as those of the courts at Westminster, are held during the terms.

The assizes for the county palatine were, as we have Liverpool as seen (a), for a long time held exclusively at Lancaster; well as Lancas- but the King, by an order in council, made on the 24th ter, the Assizes June 1835, in pursuance of the stat. 3 and 4, W. IV. c.

and Sessions

generally.

66

66

71, directed "that the assizes and sessions held under "commissions of gaol delivery and other commissions, "for the dispatch of civil and criminal business for the county palatine of Lancaster, theretofore holden at Lancaster, should be thereafter holden on the same circuit, both at Lancaster and Liverpool, in the said county palatine;" and, "that the said county should be divided "for that purpose, into two divisions, which should respectively be called the Northern Division and the "Southern Division; and, that such Northern division "should include the whole of the several hundreds of Lonsdale, Amounderness, Leyland, and Blackburn; and, "that such Southern division should include the whole of "the respective hundreds of Salford and West Derby."

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Although the assizes are directed to be holden at Liverpool as well as Lancaster, yet, from certain provisions contained in the above order, it would seem that the holding at either place, is to be deemed an assize for the whole county. Thus, the Grand Jury are to be summoned and (a) Ante pa. 7.

sworn "for the body of the whole county":-the petty jurors are to be selected out of the general list of jurors (b) —the form of the assize writ in the appendix, to the order, recites the appointment of "a general session of assizes "of oyer and terminer and general gaol delivery for the "county palatine of Lancaster," to be held at the courthouse in Liverpool-and it is declared by the order “that nothing therein contained shall extend to prevent Judges & Juries "the commissioners of oyer and terminer and gaol sitting at Landelivery, or justices of the common pleas within the said caster or Liverpool to have county, or the grand or petty juries, sitting either at jurisdiction over "Lancaster or Liverpool, from having and exercising in the whole coun“either place, such jurisdiction as belonged to them by ty. “law over the whole county.”

The order contains several regulations touching the proceedings in criminal as well as civil business; but, as respecting the latter, similar provisions are made for the court of Common Pleas at Lancaster, by another order dated the 25th June, 1835, a copy of the latter is subjoined. His majesty by such further order, after reciting the stat. 3 and 4, W. IV., c. 71-the regulations made in pursuance of it above referred to; and the expediency, as far as relates to the civil business to be transacted at the assizes to be so held at Lancaster and Liverpool, of making further regulations touching the Court of Common Pleas at Lancaster, proceeds as follows:

66

"We do therefore order and direct that the court of Order of the "Common Pleas for the said county heretofore held at King for holding the Court of Lancaster, shall be holden both at Lancaster and Liver- C.P.L at Lan"pool, at the respective times fixed for the holding of the caster & Liver"said assizes and sessions; and that the said county pala“tine be divided for the purpose of the trial of civil actions, "and the transaction of other civil business in the said "court, into the two divisions aforesaid."

pool.

And we do further order and direct, that every declara- Declarations to ❝tion hereafter to be filed or delivered in any action in the specify in the said Court of Common Pleas, shall have in the margin, the divi"besides the ordinary venue, the words 'Northern Division,' county.

(b) As to that part of the order relative to Jurors, see post B. 2, ch. 13.

margin

sion of the