SUPERIOR

The three superior common law courts of England are the Court of Kina's Bench, of Common Pleas, and of the Exchequer. For ihe origin ana history of each court, and its peculiar jurisdiction, see those separate heads. For several centuries, by means of various admitted fictions, these three courts have exercised a concurrent jurisdiction in all personal actions (see Actions); and ihe practice of all three is, in material points, the same. They sit during term, at Westminster. The different branches ol jurisdiction of the three superior courts are, I. That of the full court in banc, during term only, when four judges sit together in each; 2. Of the Practice or Bail Court (created by the 1 W. 4. c. 70. s. I., which as yet has been brought into operation in the King's Bench only, in which a single judge disposes of some le important mailers of busine '); 3. Of a single judge at chambers, where also points of minor importance in the conduct of a cause are decided and directions given; 4. Of the master or pro tho not arles, officers to whom various matlersof fact, as com pula tions, , are referred; 6. Of the judge at Nisi Prius and on ihe circuit,for the trial of i ues in fact; 6. Of the sheriff in each county, who may be considered as an officer of the superior courts for the purpose of trying i ues directed to him under 3 & 4 W. 4. c. 42. The course of proceeding in the superior courts is eithei formal or summary. Formal proceeding, in persor.alne. tions, is the regular course of a trial, whether the i ue, oi question tried, be one of fact or law. The party complaining,or plaintiff, having brought the defendant into court in person, or constructively, by preliminary proce , entitles his declaration, or the form of statement of his grievance (see Pleading), as of one of the three courts, the same in which the writ for commencement of the action is said w [s. 310]