C. B. ur chief baron, or a ser jeant. Inquests of nisi of the common bench, at a certain day, and the tenor of prius may be before one justhe record shall be sent to him, under the seal of the tee of K. chief justice; at which day he shall take the inquest, and return the verdict under his seal with the writ, the tenor, and the panel, which shall be received in the king's bench and inrolled, and judginent given according to the verdict. And in the same manner in the common bench if none of the justices of the same place go, the nisi prius shall be granted before any justice of the king's bench. And if none of the justices of the one bench, nor the other may come in the country, the nisi prius shall be granted before the chief baron of the exchequer, if he be a man of the law. And in case none of the justices, nor the chief baron come, the nisi prius shall be granted before the justices assigned to take assizes in those parts; so always that one of the said justices assigned be justice of the one bench or the other, or the king's serjeant sworn. And if the party demand the tenor of the record to have with him to deliver to the justices, another tenor shall be delivered to the other party, if he require the same. And the justices of nisi prius in pleas of assizes of darrein presentment and quare impedit, shall have power to give judgments in the country according to the 12 Edw. 2. st. 1. c. 4. supra. The 39 Geo. 3. c. 113. Eng. recites, that it is expedient c. 113. Eng. that whenever the office of chief justice or justices of Serjeants at law either bench, or chief baron or baron of the exchemay be appointed in vacation, quer, is vacant, a proper person should be speedily apprevious to be pointed to such office; and that such person should be coming judges. of the degree of a serjeant at law, which degree cannot be taken in vacation; and therefore provides, that it shall be lawful for his majesty, during any vacation, whilst the office of chief justice or justice, chief baron or baron, shall be vacant, to cause a writ to be issued out of chancery, directed to such barrister as his majesty shall think fit, returnable immediately in said court, commanding such person to appear in said court, and take upon himself the state and dignity of a serjeant at law; and such person shall forthwith appear before the lord chancellor, at such time and place as the lord chancel 39 Geo. 3. lor lr. 8 Geo. 1. c 6. lor shall appoint; and such person, so appearing and taking the usual oaths, shall, without further ceremony, deemed a serjeant at law; and in case bis majesty shall by writ, orby letters patent under the great seal, constitute such person to be chief justice or justice, &c. chief baron or baron, &c. such person shall be deemed to be lawfully appointed to such office. No law or usage in Ireland requires that judges should be of the degree of serjeant at law. By the 3 Edw. 2. 3 Edw. 2 c. 5, c. 5. Ir. certain justices were to be assigned to take the assizes of mort d'ancestor, and of novel disseisin, in Justices of assize, &c. upall the counties of Ireland, and to deliver the gaols in the porn al in LieLand. same; who were also required to make estreats of the fines and amercements, chattels of felons, and other profits which appertain to the king, throughout their offices, and to deliver such estreats into the exchequer twice every year, viz.: at Easter term and Michaelmas term. But the 8 Geo. 1. c. 6. s 1. Ir. recites, that a doubt hath been made whether writs of nisi prius or assize can justice of assize, be executed before the puisne barons of the court of exchequer not being sworn serjeants; and therefore, and for the speedier dispatch of business, declares, and enacts, that writs of assize and nisi prius may be executed before the barons of the exchequer, or any of them, or before his majesty's prime serjeant at law, attorneygeneral, or solicitor general, or any other of his majesty's counsel learned in the law; [and that they or any of them may be commissioners of oyer and terminer, and gaol delivery,] and shall have the same power as the justices of the one bench, or the other, have in the execution of such writs or commissions, s. 1. Ir. Who may be c. in Ireland. judge of ass 2^, &c. m his ne country. 8 Ric. 2. c. 2. By the 8 Ric. 2. c. 2. E. & I.* no man of law shall be No man to b justice of assizes [or of the common deliverance of gaols] in his own country; and the chief justice of the common bench shall be assigned amongst others to take E &. such assizes and deliver gaols; but as to the chief justice of the king's bench, it shall be as for the most part of 100 years last past was wont to be done. And by the 33 Hen. By the 4 Edw. 3. c. 2. E. & I. which will be stated in another part of this work, persons of the places were excluded, (if there could be found others sufficient,) from being assigned justices to take assizes, &c. Eng. Penalty. 8. 3. Exceptions. S. 4. s. 5. 33 Hen. 8.c.24. 33 Hen. 8. c. 24. Eng. no justice, nor other man learned in the law, shall use the office of justice of assize within any county where the said justice was born or doth inhabit; upon pain to forfeit £100. one moiety thereof to the king, and the other moiety to the party that will sue for the same, in any of the king's courts, by action of debt, &c. By s. 3. this act shall not extend to any clerk of assizes, associate to any justice of assize : Nor by s. 4. to any mayors, sheriffs, recorders, stewards, bailiffs, or other officers, born or dwelling within any city, borough, or town, but that they may be justices of assizes of fresh force or of other assizes, in the same city, &c. as before. And by s. 5. this act shall not be prejudicial to any justices of one bench or the other, for taking, hearing, or determining assizes in the said courts, nor to any justice that shall take any assize upon adjournment for difficulty. Provided (s. 6.) that any clerk of assize, during the session of assize, or nisi prius, shall not be of counsel with any person within any circuit whereof he shall be clerk of assize, otherwise than to that office appertaineth; upon pain to forfeit £10. one moiety to the king, and the other moiety to the party grieved, to be sued in any court of record by action of debt &c.*. These acts so far only as respect the justices of oyer and terminer or gaol delivery are repealed by the 12 Geo. 2. c. 27. Eng. which will be stated in another place. But in Ireland the 40 Geo. 3. 40 Geo, 3.c.19. c. 19. Ir. enacts that so much of the 8 Ric. 2. c. 2. E. & I. as provides" that no man of law shall be justice of assizes or the common deliverance of gaols in his own county" shall not be of force in this kingdom. s. 6. No clerk of as size to act as counsel. Ir. In Ireland judges of as size, &c. may be in their own counties. Assizes to be towns. 6 Ric. 2. st. 1. It was enacted by the 6 Ric. 2. st. 1. c. 5. E. & I. that the held in the chief justices assigned to take assizes, [and deliver the gaols,] should hold their sessions in the chief towns of the coune. 5. E. & I. ties where the shire courts be holden. But the 11 Ric. 2. c. 11. E. & I. recites this statute, and provides that the chancellor shall have power thereof to make remedy by 11 Ric. 2. c. 11. E. & L. advice *By s. 7. the justices, and clerk of assizes, within the duchy of Lancaster, are excepted. ed by the chan and 20 Ric. 2. c. 3. The E. & I. No man shall sit on the bench * 19 Geo 3. c.74. g &c contiguous, advice of the justices notwithstanding said statute. By Subject to be the 20 Ric. 2. c. 3. E. & I. no lord, nor other of the otherwise ordercountry, shall sit upon the bench with the justices to take cellor. assizes, upon pain of great forfeiture to the king; the justices shall not suffer the contrary to be done. 19 Geo. 3. c. 74. s. 70. Eng. recites that the courts of with the justices assize, nisi prius, oyer and terminer, and gaol delivery, of assize. for several counties at large, are often held in or near s. 70. cities or towns that are counties of themselves, and at Where counties the same time with the like courts for the said cities or counties of cities, at large and towns; and inconveniences frequently arise in transacting the business of the several courts, for that the lodgings of the judges are situate either only in the county at large, or only in the county of such city or town; and therefore enacts, that in such cases the lodgings of the judge or judges shall be taken to be situate both within the county at large, and also within the county of such city or town, for the purpose of carrying this act* into execution, and of transacting the business of the assizes for such county at large, and for the county of such city or town, during the time that such judge or judges shall remain therein for the execution of their several commissions. No statute in Ireland contains a similar provision respecting judges' lodgings. But the dges lodgings & deemed to be in both. Ir. houses of coun contiguous to court-houses of counties of cities, &c. the one may 28 Geo. 3. c. 38. Ir. recites, that the court-houses of 28 Geo. 3. c 38. several counties at large are situate within the precincts of counties of cities and counties of towns, and there Where Courtare also in such counties of cities and towns, court-houses ties at large are appropriated to such counties of cities and towns; and enacts that in such cases it shall be lawful for the judges of assize, commissioners of oyer and terminer, and be used for the gaol delivery, and justices of the peace, respectively, to transact all business appertaining to the assizes, and sessions of the peace, of such counties at large, or connties of cities, in either one or other of such court houses as may be most convenient; and also for the sheriffs of such counties, and their deputies, to hold the elections An act to explain and amend the laws relating to the transportation, imprisonment, and other punishment of certain offenders. for other. Oath of the Judges. 18 Edw. 3.st.4. E & I. for members to represent such counties in parliament, in either or both of such court-houses; and each of them shall be considered as part of the county at large, or county of the city or town, for the purposes aforesaid. The oath of the justices is prescribed by the 18 Edw. 3. st. 4. E. & I. which is as follows: "Ye shall swear that "well and lawfully ye shall serve our lord the king, and "his people, in the office of justice, and that lawfully 66 ye shall counsel the king in his business, and that ye "shall not counsel nor assent to any thing which may "turn him in damage or disherison, by any manner, "way or colour; and that ye shall not know the damage "or disherison of him, whereof ye shall not cause him "to be warned by yourself or by other; and that ye shall "do equal law and execution of right to all his subjects, "rich and poor, without having regard to any person, "and that ye take not by yourself, or by other, privily "nor apertly, gift nor reward of gold nor silver, nor of << any other thing that may turn to your profit, unless it abe meat or drink, and that of small value, of any man "that shall have any plea or process hanging before you, "as long as the same process shall be so hanging, nor "after for the same cause; and that ye take no fee, as long as ye shall be justice, nor robes, of any man, great or small, but of the king himself: and that you "give no advice to any man, great or small, in the case And in case that any, of where the king is party. "what estate or condition they be, come before you in 66 your sessions with force and arms, or otherwise against "the peace, or against the form of the statute thereof "made, to disturb execution of the common law, or to menace the people that they may not pursue the law, "that ye shall cause their bodies to be arrested and put "in prison; and in case they be such that you cannot "arrest them, that you certify the king of their names, and of their misprision hastily, so that he may thereof "ordain a convenable remedy. And that ye by your"self nor by other, privily nor apertly, maintain any "plea or quarrel hanging in the king's court, or else" where in the country. And that ye deny to no man common |