Eng. But no such court of exchequer chamber as was established by the 27 Eliz. c. 8. Eng. ever existed in Ireland. Court of Fache quer Chamber in 40Geo. 3. c 39. s. 1. Ir. 8. 2. How writs of er brought. Upon the union of Great Britain and Ireland a new court of error was constituted by the 40 Geo. 3. c. 39. Ir. Ireland. which enacts, that it shall not be lawful to sue forth any writ of error to the court of king's bench, to reverse any judgment of the court of law before the king in chancery, or to reverse any judgment of the court of common pleas, or to sue forth any writ of error to the court now holden before the chancellor or treasurer, commonly called the exchequer chamber, to reverse any judgment of the court of exchequer; or to sue any writ of error returnable directly to parliament to reverse any judgment of the court of king's bench. And by s. 2. where judgment hath been given for the reversal whereof a writ of error may now be brought, and where judgments shall be given in any ror shall be of the said courts of king's bench, in law before the king in chancery, of common pleas, and of exchequer, writs of error may be sued forth of the chancery, commanding transcripts of the records of such judgments repectively, to be brought before the chief justices and chief baron, and other justices and barons, of the courts of K. B. C. B. and Exc. into a chamber to be appointed by the chief governor of Ireland, and to be called the exchequer chamber; and the said chief justices and chief baron, and 9 Judges necesother justices and barons, or any 9 of them, shall have sary to constitute power to examine such judgments, and to reverse or affirm the same, and to award such judgment as to law and justice shall pertain, and to send writs to the courts from which such transcripts shall be brought, directing such courts to cause execution to be done, as if the judgment had been originally awarded therein; and further to award such costs, moderate, reasonable, or exemplary, as to them shall appear just. But by s. 3. writs of error may be sued in the high court of parliament, by any party aggrieved by any judgment of the said chief justices, tament. chief baron, justices and barons. This clause provides, that it shall be lawful for the court of king's bench, and the said court called the exchequer chamber, to proceed to judgment in all cases now depending before them upon, court. 8.3. Appeal to par Previso as to suits where the S. 4. Meetings of court of error when to be. upon writs of error, and that all judgments thereon to be given may be removed by writ of error to parliament, as if this act had not been passed. And it is hereby proking is a party. vided, that nothing herein shall give a right to any person to sne forth a writ to reverse a judgment in which the king is a party, other than as by law the same is now allowable. By s. 4. the said chiefjustices, chief baron, justices and barons, may adjourn and hold their sittings to and upon such days in term, or out of term, being within 20 days of the last day of every term, as to them shall seem most convenient; and it shall be lawful for any one or more of the said chief justices, chief baron, justices and barons, when 9 shall not be present, to adjourn said court. And it shall be lawful for his majesty to appoint a clerk of the said court of error, to conSalary of clerk. tinue during pleasure, with a salary not exceeding £300 by the year, to be paid quarterly out of the consolidated fund. $8. subordinate to c. 5. E. & L VIII. The statute 14 Edw. 3. st. 1. c. 5. E. & I. which Ancient tribunal established a court of error or appeal emanating from the the high court of house of peers, and representing this supreme court parliament. 14Edw. 3. st. 1. of judicature, may be here stated, though this statute hath not been acted upon in modern times. This act provides that at every parliament shall be chosen a prelate, 2 earls, and 2 barons, which shall have commission of the king, to hear by petition, complaints of delays of judgments or grievances; and they shall have power to cause to come before them at Westminster, or elsewhere, the tenor of records and processes of such judgments delayed, and to cause the justices to come before them to hear the reasons of such delays; and the chancellor, treasurer, the justices of the one bench and of the other, and other of the king's council, such as they shall think convenient, shall proceed to judgment; and the tenor of the record, together with the judgment, shall be remanded before the justices before whom the plea did depend; and they shall give judgment according to the same record; and in case the difficulty be so great that it cannot well be determined without assent of parliament, the said tenor shall be brought by the said pre late late, earls, and barons, unto the next parliament, and there shall be a final accord taken what judgment ought to be given: and by advice of the said prelate, earls, and barons, be it ordained to increase the number of the officers, when need shall be, and to diminish in the same manner. It is provided by the 8th article of the union 39 & 40 Geo. 3 between Great Britain and Ireland (39 & 40 Geo. 3. c. 67. Eng. 40 Geo. 3. c. 38. Ir.) that all writs of error and appeals Ir. which might now be finally decided by the house of lords imperial parliaof either kingdom, shall be decided by the house of lords of the united kingdom. c. 67. Eng. 40Geo. 3. c. 38. The lords of the ment the dernier resort. $9. size and nisi signed. E. & I. Adjournment of IX. The ancient statutes from which the constitution of the modern courts of assize and nisi prius is to be de- Justices of asduced, though in part obsolete, are proper for this place. prius how asBy the 13 Edw. 1. st. 1. c. 30. s. 1. E. & I. two justices sworn shall be assigned, before whom assizes of novel c. 30. s. 1. disseisin, mort d'ancestor, and attaints shall be taken, and they shall associate unto them one or two knights of the shire; and shall take the assizes and attaints but thrice in the year; first, between the quinzime of St. John the Baptist, and the gule of August, the second between the exaltation of the holy cross and the utas of St. Michael, and the third between the epiphany and the purification; and in every shire at every assizes, before their departure they shall appoint the day of their return; and shall adjourn the assizes from term to term, if the taking assizes. them be deferred at any day by vouching to warranty, by essoin, or by default of recognitors; and if they see it profitable that assizes of mort d'ancestor, being respited by essoin or vouching, ought to be adjourned into the bench, it shall be lawful for them to do it, and then they shall send the record with the original writ before the justices of the bench; and when the matter is come to the taking of the assize, the justices of the bench shall remit the matter to the former justices before whom the assize shall be taken; but the justices of the bench in such assizes shall give 4 days in the year before the said justices assigned. Inquisitions to be taken of tres- Inquisitions of passes pleaded before the justices of both benches, shall be determined, except the trespass be so heinous that it trespass. shall Writ of nisi prius. shall require great examination: Inquisitions also of other pleas pleaded in either of the benches shall be determined before them, wherein small examination is required, as when the entry or seisin of any is denied, or in case when one article is to be inquired; but inquisitions of many and great articles, the which require great examination, shall be taken before justices of the benches, except both parties desire that the inquisition may be taken before some of the associates, when they come into those parts; so that it shall not be done but by two justices, or one with some knight of the county, upon whom the parties can agree: And such inquisitions shall not be determined by any justices of the bench, unless a day and a place certain be appointed in the shire in the presence of the parties, and the day and place shall be mentioned in a writ judicial by these words: Præcipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in octabis sancti Michaelis, nisi talis et talis, tali die et loco, ad partes illas venerint, duodecim, &c. And by s. 2. when such inquests be taken they shall be returned into the benches, and there shall judgment be given, and they shall be inrolled; and if any inquisitions be taken otherwise they shall be of no effect; except that an assize of darrein presentment, and inquisition of. quare impedit, shall be determined in their own shires before one justice of the bench and one knight, at a day and place certain in the bench assigned, whether the defendant consent or not, and there the judgment shall be given immediately. All justices of the bench shall have in their circuits clerks to inroll all pleas pleaded before them, as they have used. And the justices assigned to take assizes shall not compel the jurors to say precisely whether it is by disseisin or not, so that they shew the truth of the fact, and require aid of the justices, but if they will say that it is disseisin, their verdict shall be admitted. at their peril; and the justices shall not put in assizes or juries any other than those that were summoned to the 27 Edw. 1. st. 1. same at first. Next by the 27 Edw. 1. st. 1. c. 4. c. 4. E. & I. E. & I. it was provided, that inquests and recognisances determinable before the justices of either bench, shall be s. 2. Assizes of darrein present ment und quare impedit. Clerk of as size, Jury. taken one associate al lowed. c. 3. F. & I. to be taken be Justices of nisi taken in time of vacation before any of the justices before Inquests before one justice, and whom the plea is brought, being associate with one knight of the same shire, unless it be an inquest that requireth great examination. And in taking such inquests the justices shall do as to thein shall seem expedient, notwithstanding the 13. Edw. 1. st. 1. c. 30. supra. And by the 12 Edw. 2. st. 1. c. 3. E. & I. inquests and juries 12 Edw. 2. st.1. in pleas of land, that require not great examination, shall be taken in the country before a justice of the Certain inquests place where the plea is, accompanied with a substantial fore 2 justices of man of the country, knight, or other, so that a certain the bench. day be given in the bench, and a certain day and place in the country, in the presence of the parties, if the demandant require it. And inquests and juries in pleas of land that require great examination, shall be taken in the country before 2 justices of the bench. By the 12 Edw. 2. 12 Edw. 2 st. 1. st. 1. c. 4. E. & I. the justices of nisi prius shall have c. 4. E. & 1. power to record nonsuits and defaults in the country; but this statute extendeth not to great assizes. And one jus- prius to record nonsuits, &c. us tice being associate with a discreet man of the country in the bench. at the request of the plaintiff, shall take inquests, upon pleas that be moved by attachment and distress, and have power to record nonsuits, and to take inquests upon defaults. And as to inquests upon writs of quare impedit it shall be done as is contained in the 13 Edw. 1. st. 1. c. 30. supra; and the justices shall have power to record nonsuits and defaults in the country, and to give judgment thereupon, as they do in the bench, and there report that which they have done, and there to be inrolled. And if the justices assigned to take such inquests do not come, the parties and those of the inquests shall keep their day in the bench. By the 2 Edw. 3. c. 16. E. & I. 2 Edw. 3. c. 16. all such inquests in plea of land shall be taken as well at the request of the tenant, as of the demandant. And by the 14 Edw. 3. st. 1. c. 16. E. & I. whosoever de- Inquests to be mandeth the nisi prius in the king's bench, as well at the the request of suit of the defendant as the plaintiff, the nisi prius demandant. shall be granted before any justice of the place where 14 Edw. 3.st.1. the plea dependeth, if any of the same place may well 16. E. & 1. go into those parts; and if not, then before any justice of E. & 1. taken as well at the tenant as |