being sheriffs of the said city of London, as aforesaid, to Sheriff. 1. above demanded, or any part thereof, to the said J. A. and T. S. before the said assignment, or to the said T. assignee as aforesaid, or either of them, since the said assignment, but he hath hitherto wholly neglected and refused so to do, and still doth neglect and refuse to pay the same, or any part thereof to the said T. assignee as aforesaid, to the damage of the said T. assignee as aforesaid 101. and therefore he brings his suit, &c. Piedges, &c. If the bond be assigned by the late sheriffs (add those If by the late words,) and that they assigned the same to the plaintiff; sheriffs. and instead of the words now being sheriff's, say (then being sheriffs) the venue may be laid in London or Middlesex, although the arrest and assignment were made in any other county. 2 Ld. Raym. 1455. 2 Str. 727. day of , for a common in the assault. Oxfordshire (88.) A. B. complains of C. D. being in, Declaration &c. For that the said C. D. on the in the year of our Lord 1817, to wit, at said county, with force and arms, &c. made an assault on the said A. B. and then and there beat, bruised, wounded and ill treated him the said A. B. in so much that his life was then and thereby greatly despaired of, and other wrongs to him the said A. B. then and there did, against the peace of our lord the now king, and to the said A. B. his damage of 1. and therefore he brings his suit, &c. Pledges, &c. London (88.) A. B. complains of C. D. being, &c. For For an assault that the said C. D. on the day of in the year of and imprisonour Lord 1817, with force and arins, &c. made an assault ment. upon the said A. B. to wit, at London aforesaid, in the parish of St. Mary-le-bow, in the ward of Cheap, and then and there beat, bruised, wounded and ill-treated him the said A. B. and then and there imprisoned him, and him the said A. B. in prison there without any reasonable or probable cause whatever, kept and detained her for a long time, to wit, for the space of ten days then next following, contrary to the law and custom of this realm, and against the will of the said A. B. (add the above count for a common assault) London (88.) A. B. complains of C. D. being in the cus- Declaration ja tody, &c. of a plea of trespass on the case. For that trover for plate. The day is not whereas the said C. D. heretofore, to wit, on the day material. of in the year of our Lord 1817, at London aforesaid, in, &c. was lawfully possessed as of his own property of certain plate, to wit, one tankard, and one mug of the value of 1. of lawful money of Great Britain, and being so possessed thereof he the said A. B. afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in, &c. casually lost the said goods and chattels out of his possession, and the same afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in, &c. came to the possession of the said C. D. by finding; yet the said C. D. knowing the said goods and chattels to be the property of the said A. B. and of right to belong and appertain to him, but contriving, and fraudulently intending, craftily and subtilly to deceive and defraud the said A. B. in this behalf, hath not as yet delivered the said goods and chattels, or any part thereof, to the said A. B. (although often requested so to do), and afterwards, to wit, on the day and year aforesaid, at London aforesaid, in, &c. converted and disposed of the said goods and chattels to his own use, to the damage of the said A. B. of 201. and therefore he brings his suit, &c. Pledges, &c. OF THE VENUE. VENUE (vicinetum or visnetum) is the place from whence a jury are to come to the trial of causes, which is generally some neighbouring place, Locus quem vicini habitant, from whence it is called vicinetum or venue. The venue is either local or transitory; local, when the action could only have arisen in a particular county, and there the venue must be laid, or the defendant may demur to the declaration, 1 Wils. 265. Thrale v. Cornwall; or the plaintiff on the general issue will be nonsuited at the trial. Cow. Rep. 410. But where the action might have arisen in any county, it is transitory, and the plaintiff may in general lay the venue wherever he pleases; subject to its being changed by the court, if not laid in the very county where the action arose. 1 Saund. 74 (2). All actions, real or mixed, as "trespass, quare clausum "fregit, ejectment, waste, &c." must be laid in the county where the lands lie. Bract. 189. 414. So debt for rent,' by the assignee of the lessor, against the lessee, is local, and will lie no where but in that county where the lands are. 183. (a) 1 Wils. 165. Thrale v. Cornwall, Cro. Car. The venue by original must be laid in the county The loss of where the original is issued, and where the action is in- bail. tended to be tried, otherwise the plaintiff will lose his bail. On all personal actions, as " debt, detinue, assault, Personal ac"deceit, trover, and conversion, account, slander, and tions not local. "the like," the plaintiff may declare in what county he pleases. Co. Litt. 282. So against a sheriff for a false return. 1 Wils. 136. If a personal action be founded upon a thing done out of the realm, it may be brought in any county, and shall be alledged at such a place, in such a county: as if debt be upon a bond or bill made at Hamburgh, it may be alledged at H. viz. at Islington in the county of Middlesex. Latch 5. Salk. 660. 659. Lutw. 950. 2 Cro. 76. When an action is for a transitory thing, it may be Transitory brought in any county, as if it be upon a covenant or thing. contract, or debt at large; for debitum ex contractus sunt nullius loci. 7 Co. 3, a. 2 Inst. 229. 231. tion is founded When an action is founded upon two things in different When the accounties, both material to the maintenance of the action, on two things, it may be brought in the one county or the other. 7 Co. in different 2, a. Bulwer's case. Dy. 31, b. 40, a. Salk. 669. As if counties, an arrest be in one county, and an escape in another, where to be 1 Lev. 114. So in an action for a false return of non est brought. inventus, where the sheriff was in company of the party. 2 Mod. 23. So if the matter in one county is dependant upon matter in another, the plaintiff may have the action in the one county or the other. 7 Co. 1, b. As if two conspire to indict another, and make the execution of the conspiracy in another county, conspiracy lies in the one county or the other. 7 Co. 1, b. So for maliciously suing an execution in Middlesex, whereby he was arrested in Dorsetshire. Cro. Eliz. 574. So if an action on the case be against the sheriff of Denbighshire, for not arresting a man upon a capias utlagatum to him directed in Denbighshire, upon which he returned non est inventus, it (a) So if debt or covenant be brought by the lessor or his personal representatives, or by the grantee of the reversion against the assignee of the lessee, it is local 6 Mod. 194. Latch, 197. IT. R. 583. 2 East, 580. Several facts in different counties. If local action tried in a wrong county. Matter of record. Action on lease for rent. If it arise partly in one county, and partly in ano ther. in London. may be in Denbighshire or in Middlesex, where the return was made. Hob. 209. Where there are several facts material to the plaintiff's action arising in different counties, he may bring his action of covenant in either. The Mayor of London v. Cole, 7 Term Rep. 583. If a local action be brought and tried in a wrong county, the defect is aided after verdict, by stat. 16 & 17 Car. 2. c. 8. Ibid. If there be matter of law or record, and matter in pais in different counties, plaintiff has his election. Griffiths v. Walker, 1 Wils. 336. Scott v. Brest, 2 Term Rep. 241. In an action upon a lease for rent, founded on the privity of contract, as in debt by the lessor against the lessee, 6 Mod. 194. 2 Str. 776, or his executor in the detinet only, Gilb. 403, or in covenant by the lessor, 3 Lev. 154, or grantee of the reversion, 1 Saund. 241. 6. n. 6. against the lessee the action is transitory; and the venue may be laid in any county, at the option of the plaintiff. Holt, C. J. said, if a cause of action arises partly in one county, and partly in another, it is in the election of the plaintiff to lay it in which county he pleases. As if a country chapman sends a letter to a tradesman in London, to send him goods into the country, he delivers them accordingly, and they come to the chapman's hands, there the cause of action arising in both counties, he may lay it in either. 12 Mod. 76. If assault hap- If an assault and imprisonment happens at Minorca, it pen abroad, may be laid at London, in the parish of St. Mary-le-bow, may lay venue in the ward of Cheap; Fabricas v. Mostyn, Hil. T. 1775; and if the plaintiff is banished from Minorca or Carthagena, it may be laid in Minorca, to wit, at London, &c. Cowp. Rep. 178. Transitory actions. Every transitory action may be laid in any county in England, though the matter arise beyond the seas. Ibid. 181. But if it should be such an action as renders it necessary to state where it arose, as on a deed, bill of exchange, &c. the real place may be alledged; as for instance, if on bond, it should be stated to have been made at Fort St. George in the East Indies, to wit, at London, in the parish of St. Mary-le-bow in the ward of Cheap: For if the bond be stated to have been made in London, and, on oyer, it appear dated at Fort St. George, or the like, it would be bad on special demurrer. Ibid. 178. 3 Term Rep. 387. Mellor v. Barber. It is said, a venue cannot be laid in Wales in a tran- Wales. sitory action, the cause whereof did arise in England. Lill. P. R. 783. A declaration was laid in Norwich, but Norfolk in Norwich. the margin, inquiry executed there; court held, it was helped by stat. 4 & 5 Ann. c. 16. Howes v. Haslewood, Com. 155. A. by deed executed in London for the securing the If rent be received in repayment of money lent to B. was appointed receiver Middlesex, of B.'s rent in Middlesex, with a pretended salary, and account which enabled him to retain usurious interest. He re- settled in Lonceived the rent in Middlesex, but settled the account in don, in an acLondon, and there paid the balance, on which the usu- tion for usury. rious interest is allowed. The offence is completed in London, and the venue in a qui tam action for the penalty is properly laid there. Scott qui tam v. Brest, 2 Term Rep. 238. Vide Douglas 223. In an action for infringing a patent, venue in Middle- In an action sex, the defendant cannot change it into any other on a patent. county; for it is manifest that the substratum of the action, namely, the patent, is at Westminster. Cameron v. Gray, 6 Term Rep. 363. There are some actions of a transitory nature, wherein Venues local the venue, by act of parliament, must be laid in a par- by act of particular county. Thus by the stat. 13 Eliz. c. 5. 8. 2. 66 66 in any declaration or information, the offence against any penal statute shall not be laid to be done in any other county, but where the contract or other "matter alledged to be the offence, was in truth done; "and every defendant in such action or information, may traverse, and allege that the offence was not "committed in the county where it is alleged, which "being tried for the defendant, or if the plaintiff be "thereupon nonsuit, then the plaintiff shall be barred "in that action or information.' 66 And by the stat. 21 Jac. 1. c. 4. " in all informations "to be exhibited, and in all bills, counts, plaints, and "declarations, to be commenced against any person or persons, either by or on behalf of the king, or any "other, for or concerning any offence committed, or to "be committed against any penal statute, the offence shall be laid, and alleged to have been committed in liament. |