the court of pre E. & 1. pertaining a court of piepoudre; in which court it hath been Juridiction of at all times accustomed, that every person coming to the said poudre. fairs, shall have lawful remedy of all contracts, trespasses, 17Edw. 4. c. 2. covenants, debts, and other deeds made or done within said fairs, during the time of said fairs, and within the jurisdiction of the same, and to be tried by merchants being at the same fair; and enacts that no steward, or other minister of any such court of piepoudre, shall hold plea upon any action, unless the plaintiff, or his attorney, in the presence of the defendant, shall swear upon the holy evangelist, that the contract, trespass, or other matter contained in the declaration, was made or committed within the fair, and within the time of the said fair, and within the jurisdiction of the same. And although the plaintiff shall so affirm the same, yet the defendant may plead to the action, or in abatement of the plaint, or tender an issue, that the same contract, &c. contained in the declaration, was not committed or done within the time of the fair, and jurisdiction of the same. And if it be so found, or that the plaintiff or his attorney shall refuse to take such oath as aforesaid, the defendant shall be dismissed out of said court, and such plaintiff may sue elsewhere. And every steward or other minister, holding any court contrary to this ordinance, shall forfeit 100s, one half to the king, and the other to him that will sue upon this ordinance by action of debt in his own name. $ 2. Jurisdiction of county courts. their 6 Edw. 1. c. 8, An exclusive jurisdiction is given to sheriffs in their county courts by the 6 Edw. 1. c. 8. E. & I. which provides, that sheriffs shall plead pleas of trespass in counties, as they have been accustomed; and none shall have writs of trespass before justices, unless he swear by his faith that the goods were worth 40s. at least; and if he complain of beating, he shall swear by his faith that his plaint is true; touching wounds and maims a man shall have his writ as before. And defendants in such pleas may make their attornies, where appeal lieth not, so that if they be attainted, being absent, the sheriff shall be commanded to take them. And if the plaintiffs in such trespasses cause themselves to be es soined after the first appearance, day shall be given them unto E. & L. persons No number by the space of* years at the least demurrant and respecified. siant in one of the inns of court in England, studying, practising, or endeavouring to come to the knowledge of the laws; upon pain of 100s. The 21 & 22 Geo. 3. c. 33. Ir. which limited the number of years during which applying to be admitted to the bar were to be students in the society of king's inns in Ireland, and the number of terms during which they were to reside or keep commons in said society, or in the society to which they belonged in Great Britain, (with an exception in favour of degrees obtained at the university of Dublin, or at those of Oxford or Cambridge) was repealed by the 32 Geo. 3. c. 18. Ir. which was passed for the purpose of confirming certain letters patent granted to the society of king's inns in Ireland, bearing date the 27th Feb. 1792. But these letters patent, and the 32 Geo. 3. c. 18. so far as it related to their confirmation, were repealed by the 33 Geo. 3. c. 44. Ir. With respect to the oaths 1 Geo. 2. c. 20. to be taken as a qualification for admission to the bar 7 Geo. 2. c. 5. in Ireland; the 1 Geo. 2. c. 20. Ir. 7 Geo. 2. c. 5. Ir, ir. 34Gco. 3. c. 21. lr. and 32 Geo. 3. c. 21. Ir. (the provisions of which have been already stated in respect to attornies, &c.) extend also to counsellors or barristers at law. CHAP. III. Of the Courts of Common Law and Equity. § 1. THE 17 Edw. 4. c. 2. E. & I. recites, that to every fair, whether held by prescription or grant, is of right pertaining poudre. E. & 1. pertaining a court of piepoudre; in which court it hath been Juri diction of at all times accustomed, that every person coming to the said the court of prefairs, shall have lawful remedy of all contracts, trespasses, 17Edw. 4. c. 2. covenants, debts, and other deeds made or done within said fairs, during the time of said fairs, and within the jurisdiction of the same, and to be tried by merchants being at the same fair; and enacts that no steward, or other minister of any such court of piepoudre, shall hold plea upon any action, unless the plaintiff, or his attorney, in the presence of the defendant, shall swear upon the holy evangelist, that the contract, trespass, or other matter contained in the declaration, was made or committed within the fair, and within the time of the said fair, and within the jurisdiction of the same. And although the plaintiff shall so affirm the same, yet the defendant may plead to the action, or in abatement of the plaint, or tender an issue, that the same contract, &c. contained in the declaration, was not committed or done within the time of the fair, and jurisdiction of the same. And if it be so found, or that the plaintiff or his attorney shall refuse to take such oath as aforesaid, the defendant shall be dismissed out of said court, and such plaintiff may sue elsewhere. And every steward or other minister, holding any court contrary to this ordinance, shall forfeit 100s. one half to the king, and the other to him that will sue upon this ordinance by action of debt in his own name. $ 2. Jurisdiction of county courts. E. & L.. An exclusive jurisdiction is given to sheriffs in their county courts by the 6 Edw. 1. c. 8. E. & I. which provides, that sheriffs shall plead pleas of trespass in their 6 Edw. 1. c. 8, counties, as they have been accustomed; and none shall have writs of trespass before justices, unless he swear by his faith that the goods were worth 40s. at least; and if he complain of beating, he shall swear by his faith that his plaint is true; touching wounds and maims a man shall have his writ as before. And defendants in such pleas may make their attornies, where appeal lieth not, so that if they be attainted, being absent, the sheriff shall be commanded to take them. And if the plaintiffs in such trespasses cause themselves to be essoined after the first appearance, day shall be given them unto of plaints re strained. unto the coming of the justices in eyre, and the defendants in the mean time shall be in peace. If the defendant essoin himself in the king's service, and do not bring his warrant in at the day given, he shall recompence the plaintiff's damages for the day, 20s. or more, after the discretion of the justices, and shall be grievously amerced. 11 Hen. 7. c.15. By the 11 Hen. 7. c. 15. Eng. no sheriffs, undersheriffs, Eng. nor shire-clerks, shall enter any plaints in any man's Abuses of she- name, unless the plaintiff be in person present, or by atriff's in entering torney known to be of good name, and find pledges to pursue his plaint, persons known in that county: And the plaintiff shall have but one plaint for one trespass or contract: and if the sheriffs, &c. take more plaints than the plaintiff supposed that he hath cause of action, the sheriffs, &c. shall forfeit 40s. the one half to the king, and the other to him that will sue by action of debt or information in the exchequer; and the justices of peace shall have authority, upon complaint made by the party grieved, to examine the sheriffs, &c. and if the justices of peace, or one of them, find default in the sheriffs, &c. in entering of plaints deceitfully for their advantage, contrary to this act, the sheriffs, &c. shall be convict and attaint of the offence, and shall forfeit 40s to the king; and the justices that shall take the examination shall certify the same within a quarter of a year into the exchequer, upon pain of 40s. And the said sheriffs, &c. shall make a precept to the bailiff of the hundred to attach or summon the defendants so in suit, to appear and answer to the plaints; and if there be any default in the bailiffs of the hundreds in warning of the defendants, or in executing their office, they shall forfeit unto the king 40s and be attaint and convict thereof by like examination of the 2 & 3 Fdw. 6. justices of peace. And by the 2 & 3 Edw. 6. c. 25. s. 2. Eng. the county courts shall be kept every month, and not otherwise. But in Ireland the 36 Geo. 3. c. 39. Ir recites, that great oppression has been practised by 36 Geo. 3. c. 39. the abuse of process issuing from the county courts; and therefore enacts, that the county courts shall not hold not to hold plea plea in any action, nor shall any writ or process in any action issue from any county court, against any person, c.25. s. 2. Eng. County courts to be kept every month. Ir. County courts of actions. or or their goods or chattels. Provided (s. 2.) that nothing vins. s. 3. Ir. barony s. 2. in this act shall deprive any such court of any juris- Except replediction in making replevin, and deliverance of distresses. And the 3 Geo. 2. c. 9. s. 3. Ir. recites, that 3 Geo. 2. c. 9. sheriffs of counties have taken upon them to appoint obscure and indigent persons to exercise a pretended office Appointment of called the office of barony-clerk, in the several baronies burn clerks prohibited. of their counties; which persons have taken upon them to hold county courts within such barony; and enacts, that no sheriff shall appoint any person to be a barony clerk within his county; and in case of such appointment, no person shall hold any court, or exercise any authority under colour thereof, and if any sheriff shall offend Penalty. herein he shall forfeit £50 to be recovered by action of debt, in any of the four courts in Dublin, wherein, &c.; and if any person shall exercise said pretended office, upon information given thereof upon oath unto any justice of peace of the county, such justice shall, unless sufficient bail be given by such offender, commit him to the county goal, until the next assizes to be held for said county; where, if he shall be convicted of such offence, the judge of assize shall forthwith commit him to the said gaol for 3 months, and shall also fine him in a sum not exceeding £50. $ 3. Court of common pleas stationary, E. & 1. 7 Edw. 4. c. 4. III. It is one of the provisions of the great charter 9 Hen. 3. c. 11. E. & I. that common pleas shall not follow the king's court, but shall be holden in some place certain. But the 7 Edw. 4. c. 4. Ir. provides, that the lieutenant 9 Hen. 3. c. 11. of Ireland, or his deputy, shall have power to remove the exchequer and common place of the king, to such Ir. places as shall seem expedient, by the garnishment of Ireland. 28 days, (all manner of records and process being continued and saved,) how or wheresoever the writs of the king of any of the said places bear date or be returnable. Ambulatory in $4. bench follows the IV. The moveable quality of the court of king's bench [as well as of the court of chancery,] is declared by the Court of king's 28 Edw. 1. st. 3. c. 5. E. & I. which provides that [the king. chancellor, and] the justices of the bench, shall follow 28 5dw 1.st.3. the king, so that he shall have at all times near unto him. some sages of the law, which be able duly to order al such matters as shall come unto the court. c 5. E. & L. The |