" of each other separate execution to be issued against him, her or "them, in the said court, previously to his, her or their being taken "into custody, or during his her or their imprisonment; any law "statute or usage to the contrary notwithstanding.":

a

By the late court of requests' act for Westminster, it is enacted, that In Westminster. "no person or persons whomsoever, being a debtor or debtors, de"fendant or defendants, who shall be committed to gaol or prison by

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"order of the said court of requests, shall be kept or continued in
custody, on any pretence whatsoever, (except in the cases therein
“provided,) for any longer space of time than seven days; and the
'keeper and keepers of any such gaol or prison, is and are thereby
"directed and required, to discharge such person or persons accord-
"ingly." And there is a proviso in the act, that " all and every per-
"son or persons, who shall be taken in execution, under or by
"virtue of any process issuing from or out of the said court, and
"who at the time of being taken into custody, or during his, her
or their imprisonment, shall have more than one execution against
him, her or them, in the said court, shall be imprisoned during
"the time limited by that act, for and in respect of each other
"execution; that is to say, after the limited time is expired on the
"first execution, the imprisonment shall commence on the second ex-
"ecution; and after the limited time is expired on the second execu-
"tion, the imprisonment shall commence on the third execution, and
"so on, until he, she or they shall have been imprisoned the time
"limited by that act, for and in respect of each other separate execu-
tion, to be issued against him, her or them, in the said court, pre-
viously to his, her or their being taken into custody, or during his,
"her or their imprisonment; any law, statute or usage, to the con-
"trary notwithstanding."

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CHAP. XVI.

Removal of

causes from
Chester and

Wales, into court
of Exchequer, on
administration
of justice act.

Rules of court thereon.

Times and modes of proceeding appointed there

by.

Of the REMOVAL of CAUSES, from INFERIOR COurts.

THE jurisdiction of his Majesty's court of Session of the county palatine of Chester, and of the judges thereof, and of his court of Exchequer of the said county palatine, and of the Chamberlain and Vice Chamberlain thereof, and also of his judges and courts of Great Sessions, in the Principality of Wales, having been abolished by the administration of justice act, it was enacted thereby, that, "all suits "at law then depending in any of the said courts, shall be transferred "to the court of Exchequer, there to be dealt with and decided ac"cording to the practice of the said court of Exchequer, or of the "court from whence the same shall be transferred, according to the "discretion of the court to which the same shall be transferred; "which court shall, for the purpose of such suits only, be deemed " and taken to have all the power and jurisdiction, to all intents and "purposes, possessed before the passing of that act, by the court from "whence such suit shall be removed." On this act, rules of court were made, in the Exchequer of Pleas, by one of which it is ordered, that "as to all suits at law depending in any of the said courts, on the twelfth day of October then last past, the same shall be dealt with and decided according to the practice of the said court of Exchequer; unless that court, or a baron thereof at chambers, shall, upon special application, upon notice to an adverse party, otherwise direct." b

Particular times and modes of proceeding are appointed by the above rules, in cases where process shall have been served, and the plaintiff shall not have declared; or in which a declaration has been delivered or filed in the court of Sessions; or interlocutory or final judgment shall have been signed, in any of the courts abolished by

a 11 Geo. IV. & 1 W. IV. c. 70. § 14. And for cases determined on the above act, see Jones v. Clark, 1 Cromp. & J. 447. Williams v. Williams, Id. 387. 1 Tyr. Rep. 351. S. C. Same v. Same, 2 Cromp. & J. 55. Rees v. Rees, 2 Tyr. Rep. 384.

Thomas v. Williams, 3 Dowl. Rep. 665. 10 Leg. Obs. 158. S. C. Howell v. Brown, 3 Dowl. Rep. 805; and see Tidd Prac. 9 Ed. 397.

b R. M. 1 W. IV. reg. III. § 1. } Cromp. & J. 283. 1 Tyr. Rep. 164.

that act. And it is thereby further ordereda, that "any proceeding taken in any court abolished by the said act, may be continued by way of suggestion, in the said court of Exchequer; such suggestion being subject to correction, upon a summons for the purpose, by any of the barons of that court."

When an action is commenced in an inferior court, it may be removed into the court of King's Bench, Common Pleas, or Exchequer, by writ of certiorari 1, or habeas corpus, from inferior courts of record; or by writ of pone, recordari facias loquelam, or accedas ad curiam, from such as are not of record. In an action or suit on the common law

side of the court of the Vice Warden of the Stannaries of Cornwall, it is enacted by a late statute, that "it shall be lawful for the court "of King's Bench at Westminster, on the application of any party to

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any such action or suit, on special and sufficient cause shewn by affidavit, to the satisfaction of the said court of King's Bench, that an impartial or sufficient trial cannot be had in such court of the "Vice warden, to remove, by writ of certiorari, all proceedings which "may have been had in such action or suit, and to deal therewith, "and to make such orders respecting the same, and the future trial "of, and proceedings in such action or suit, as to the said court of King's Bench shall seem meet."

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When special bail were put in upon a habeas corpus, and notice thereof given to the plaintiff's attorney, he was formerly allowed twenty-eight days in the King's Bench, or, in the Common Pleas, twenty days after they were put in, to except to them: But, by a general rule of all the courts", "the time allowed for excepting to bail, put in upon a habeas corpus, shall be twenty days."

a

1

R. M. 1 W. IV. reg. III. § 5. Cromp. & J. 284, 5. 1 Tyr. Rep. 165. b For the nature of the writ of certiorari, and when it lies, in general, for the removal of causes from inferior courts, see Tidd Prac. 9 Ed. 398, &c. or may be had after judgment therein, for the purpose of obtaining execution, id. 401, &c.

For the mode of proceeding by habeas corpus, for the removal of causes from inferior courts, see Tidd Prac. 9 Ed. 403, &c.

For the means of removing causes from inferior courts, by writ of pone, recordari facias loquelam, or accedas ad

curiam, see Tidd Prac. 9 Ed. 414, &c. ;
and see stat. 1 W. IV. c. 7. § 9. as to
the return of these and other writs, for re-
moving suits from inferior courts, into the
Common Pleas at Lancaster.

e For the practice, on the removal of
causes in general from inferior courts, see
Tidd Prac. 9 Ed. 397, &c.

f 6 & 7 W. IV. c. 106. § 42.

R. M. 1654. § 11. R. H. 13 & 14 Car. II. C. P.; and see Tidd Prac. 9 Ed. 409

h R. H. 2 W. IV. reg. I. § 25. 3 Barn. & Ad. 377. 8 Bing. 291. 2 Cromp. & J. 175.

Time for giving rule to declare, on removal of

cause.

Demand of declaration necessary, before non pros can be signed.

Uniformity of process act does not extend to

inferior courts.

Writs for removing suits from inferior

courts, into C.P.

at Lancaster, how returnable.

On the removal of a cause from an inferior court, by writ of pone, or recordari, &c. the rule to declare might formerly have been given, in the King's Bench, within fourteen days a, or, in the Common Pleas, within four days after the end of the term: And now, by a general rule of all the courts", "where a cause has been removed from an inferior court, the rule to declare may be given within four days after the end of the term in which the writ is returned."

When the writ of pone or recordari, &c. was brought by the defendant, if the return had been filed on or before the appearance day, there was formerly no occasion to demand a declaration in writing; but otherwise a written demand was necessary: And now, by a general rule of all the courts, "no judgment of nonpros shall be signed, for want of a declaration, until four days next after a demand thereof shall have been made in writing, upon the plaintiff, his attorney or agent, as the case may be."

The uniformity of process acth does not, we have seen1, extend to any cause removed into either of the superior courts of law at Westminster, by writ of pone, certiorari, recordari facias loquelam, habeas corpus, or otherwise. The proceedings therefore, in actions of replevin, and other personal actions, commenced in inferior courts, and removed from thence into superior ones, are not affected by that actk.

Previously to the statute 1 W. IV. c. 7. persons suing in the inferior courts of the county palatine of Lancaster, were often vexatiously delayed in the recovery of their just demands, by the removal of their suits into the court of Common Pleas at Lancaster, by reason that the writs, whereby the same were removed, could be made returnable only at the assizes holden for the said county1; for remedy whereof it is enacted, by the above statute', that "all writs "of pone loquelam, recordari facias loquelam, accedas ad curiam, "and all other writs lawfully issued out of the Chancery of the said

a Edwards v. Dunch, 11 East, 183.
b Allen v. Millward, H. 30 Geo. III.
C. P. Imp. C. P. 7 Ed. 533, 4.; and see
Tidd Prac. 9 Ed. 417, 18.

R. H. 2 W. IV. reg. I. § 37. 3
Barn. & Ad. 379. 8 Bing. 293. 2
Cromp. & J. 179.; and see R. H. 2 W.
IV. reg. 1. § 38. 3 Barn. & Ad. 379.
Bing. 293. 2 Cromp. & J. 179.

Cas. Pr. C. P. 55. S. C.; and see Tidd
Prac. 9 Ed. 417, 8.

R. T. 1 W. IV. reg. IV. 2 Barn. & Ad. 789. 7 Bing. 784. 1 Cromp. & J. 471.

Append. to Tidd Sup. 1832, pp. 106,

7.

8

2 W. IV. c. 39.

i Ante, 17, 18.

county palatine of Lancaster, for the removal of causes from the "inferior courts of the said county, into the said court of Common "Pleas, which shall be issued after the expiration of fourteen clear "days next after the passing of that act, shall be made returnable

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on the first Wednesday in the month, next after the issuing thereof, "unless in the meantime the assizes shall be holden for the said I county, and if the assizes shall be holden in the meantime, then on "the first or last day of such assizes, as the case may be, next after "the issuing thereof; and that all such writs, made returnable at

any other time than according to the provision thereinbefore con"tained, shall be utterly null and void to all intents and pur"poses."