said A. B., it is sufficiently testified in our court before next after E. F. attorney (or agent,) London lat. for A. B. against C. D. tr. ca. for promises, returnable on Oath for next after Indorsement. upon Præcipe. Take affidavit, writ, præcipe and warrant to prosecute, to Messrs. Prevost and Chambre, King's Bench Office, in the King's Bench Walks, who will sign the same, pay 2s. 6d. then to the Seal Office, No. 3, Inner Temple Lane, pay 7d. When it is signed and sealed, if defendant is to be arrested in London, take it to the office of the secondaries of London, No. 14, Lothbury, get a warrant thereon, pay 1s.-In Surrey, Essex, or Kent, pay Is.-any other county, 2s. 6d. These writs already printed, may be had at the stationers, and the warrant to prosecute as before: they are printed in the plural number, and it has been customary to add, if only one defendant, his name with that of Richard Roe, but not in the ac etiam. The writ of latitat may be sued out and made return- May be reable the same day. 4 Term Rep. 610. Oxlade v. David- turnable same So the bill of Middlesex. 4 Term Rep. 610. day. son. blanks to be Ordered, that no printed blanks or other writs be sealed No printed before the same are regularly made out and filled up. R. sealed. H. T. 21 Geo. 2. 1747. By rule, Trin. 54 Geo. 3-." It is ordered, that from and Office hours. after the last day of that term the seal office shall be open from eleven in the morning till two in the afternoon, and from five to seven in the evening, during term, and for ten Of the alias. Alias capias. Indorsement. Alias when to be tested. Pluries. If term be omitted between the teste and return. Not usual to insert (unless in bailable actions) executor, &c. after every issuable term, and one week after every other term, and from eleven in the morning till three in the afternoon at all other times. If the defendant be not arrested before the return, or on the return day, then issue an alias, which is called an alias capias (the testatum part being left out,) and is signed and sealed as before; pay signing 2d. seal 7d. George, &c. to the sheriffs of London, greeting; we command you, as before we have commanded you, that you take A. B. and Richard Roe, if they may be found in your bailiwick, and safely keep them, so that you may have their bodies before us at Westminster, on next after day of in the Law and Markham. Indorse the attorney's name and sum sworn to, as in the former one. Make a præcipe as before, only say, "alias "capias," instead of "latitat," and put the day the first writ issued at the foot. In all continued writs, the alias must be tested the day the former was returnable; Touchin's case, 1 Salk. 669; the pluries the return day of the alias. If the defendant is not to be met with before or on the return-day, sue out a pluries capias, which is like the alias, only instead of the words, as before we have "often commanded you," add, "as we have oftentimes "commanded you." Put the date of the first writ issued, in the præcipe, and say pluries capias. If a term be omitted between the teste and return of mesne process, the cause is out of court. Therefore process ought to be continued from term to term: but upon writs of execution it is otherwise, as the cause is to come to its end. 1 Ld. Raym. 775. 2 Roll. Rep. 442. 3 Wils. 341. It is not usual to insert in process (unless where the party is held to bail) on what account, or in what right, the party sues; as executors, the case of an assignee of a bail-bond, and the like. Weavers co. v. Forrest, 2 Str. 1232. But if the plaintiff name himself executor, &c. he then cannot declare in his own right. 8 Term Rep. 416. Douglas v. Irlam. Of Counties Palatine. There are three counties palatine, viz. Lancaster, The counties Chester, and Durham. The county palatine of Lan- palatine. caster hath been a county palatine time out of mind. Lancaster. Cromp. Jurisd. 137. The king created the county of Lancaster a county palatine, 50 Ed. 3. 4 Inst. 204. The writs out of the superior courts, are directed to the chancellor or his deputy. See ante. The county palatine of Chester, is a county palatine Chester. by prescription, the most ancient and honourable remaining at this day. Within this county palatine, and the county of the city of Chester, there is and anciently hath been a principal officer called the chamberlain of Chester; who hath, and time out of mind hath had the jurisdiction of a chancellor, and the court of Exchequer at Westminster is, and time out of mind hath been, the chancery court for the said county, whereof the chamberlain of Chester is judge in equity; he is also judge of matters at the common law within the said county, for this court of chancery is a mixed court. There is also within the said county palatine, a justice for matters of the common pleas, and pleas of the crown, to be heard and determined within the said county palatine, commonly called the chief justice of Chester. The city of Chester was made a county of itself by K. H. 7. by letters patent. writs. All writs issuing out of the superior courts at West- Direction of minster, to the county palatine of Chester are directed to "the chamberlain of Chester or hisdeputy." See ante, 152. The county palatine of Durham is said to have been Durham. erected soon after the conquest, and is parcel of the bi-, shopric of Durham, but it is a county palatine by pre-, scription. 4 Inst. 216. The jurisdiction of the bishop extends to all places between Tine and Tese. In this county palatine, there is a court of chancery, which is a mixed court, both of law and equity. Ibid, 218. All writs issued out of the superior courts at Westminster are directed" to the bishop or to his chancellor." See ante, 152. This court differs from the others in this, that if an er Palatine courts. Latitat runs into these Counties. To hold to roneous judgment be given in chancery, or before the justices of the bishop, error shall be brought before the bishop himself, and if he gives an erroneous judgment, error shall be sued, returnable in B. R. Ibid. 218. These palatine courts are superior courts of record, which exercise a jurisdiction within their own precincts, in as ample a manner as the courts of Westminster, Cromp. 137. that they might have justice administered to them at home. Vent. 155. The writ of latitat runs into the several counties palatine; for the meaning of the expression," breve domini regis non currit," is not that the king's writs are not to be executed in such places, but that the court cannot direct them immediately to the sheriff. 2 Str. 1089. Andr. 191. In these counties palatine, in order to hold the defendbail debt must ant to bail on process issuing out of the courts at Westminbe 201. ster, the debt must amount to 201. or upwards. By stat. 11 & 12 W. 3. c. 9. the arrest is to be made by the sheriff or his bailiff, by virtue of a mandate, to whom the writ is directed. And if the officer to whom it is directed refuse to receive it, he is liable to an attachment. 2 Str. 1089. Chapman v. Maddison. Latitat into able. George, &c. To our chamberlain of our county Chester, bail- palatine of Chester, or to his deputy there, greeting: Whereas we lately commanded our sheriff of Middlesex, that he should take C. D. and John Doe, if they should be found in his bailiwick, and that he should keep them safely, so that he might have their bodies before us at Westminster, at a certain day now past, to answer A. B. in a plea of trespass, "and also to a bill of "the said A. B. to be exhibited against the said Richard "for upon promises, according to the custom of our "court before us;" and our said sheriff at that day returned to us, that the said C. D. and John Doe were not found in his bailiwick; whereupon on the behalf of the said A. B. it is sufficiently attested in our court before us, that the said C. D. and John Doe do lurk up and down, and secrete themselves in your county palatine; therefore we command you, that by our writ under the seal of our said county palatine, to be duly made, and to be directed to the sheriff of our said county palatine, you command the said sheriff, that he take the said C. D. and John Doe, if they may be found in his bailiwick, and keep them safely, so that he may have their bodies before us at Westminster, on next after to answer the said John Denn of the plea and bill aforesaid, and have there then this writ. Witness, Edward Lord Ellenborough, at Westminster, the of in the 57th year of our reign. day Law and Markham. Indorse the attorney's name, place of abode, and the Indorsement. sum sworn to, then sign and seal it as before. The præcipe for the office is as before, and warrant, Præcipe. only in the margin put "county palatine of Chester "Lat. for," &c. Latitat into the county palatine of George, &c. To the reverend father in God by divine permission lord bishop of Durham, or to his chancellor there, greeting; (go as far as the words, " lurk Durham. "up and down and secrete themselves in your county pa"latine," then add these words): therefore we command you, that by our writ, underthe seal of your bishoprick, to be duly made and directed to the sheriff of the county of Durham, you cause the said sheriff to be commanded, that he take the said C. D. and John Doe, if they may be found in his bailiwick, and keep them safely, so that be may have their bodies before us at Westminster on , to answer the said A. B. as in next after the former one. "To our chancellor of our county palatine of Lancas"ter, or to his deputy there, greeting" (same as Chester.) Of the Royal Franchise of Ely, &c. The like in to the county palatine of Lancaster. It seems in ancient statutes, Ely was called a county Carth. 109. palatine, 33 H. 8. c. 10. 5 El. c. 23 but is now only a royal franchise, and situate in Cambridgeshire. It was granted by H. 1. to the bishop of Ely and his successors, of hearing and determining as well civil, as criminal pleas. This jurisdiction, the bishop now exercises by his justices, by prescription grounded on the said grant. 4 Inst. 220. If a party who is sued in the courts at Westminster, plead that the lands lie, or that the cause of action arose within Ely, it will be bad, for he should have demanded conusance, which is all the jurisdiction a franchise has, Carth. 109. But if an action, that in its nature of joint, arise partly within, and partly without the franchise, the franchise cannot claim conusance. 4 inst. 220. The bishop of Ely has not a palatinate jurisdiction Writs issued within the isle, though exercising jura regalia there: the into this isle must be di |