SUPERIOR

The three superior common law courts of England are the Court of King's Bench, of Common Pleas, and of the Exchequer. For the origin and 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 the practice of all three is, in material points, the same. They sit, during term, at Westminster. The different branches of jurisdiction of the three superior courts are, 1. 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. 1., which as yet has been brought into operation in the King's Bench only, in which a single judge disposes of some le important matters 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 prothonotaries, officers to whom various matters of fact, as computations, ., are referred; 5. Of the judge at Nisi Prius and on the 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 either formal or summary. Formal proceeding, in personal actions, is the regular course of a trial, whether the i ue, or 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 tlie 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 to be returnable. Tlie defendant then pleads; and all the subsequent pleadings, or preparatory statements in writing, are entitled of the same court: in which also the record, or parchment roll containing the authentic entry of the whole proceeding, is made up. The question eventually raised between the parties will turn out to be either of"^ law, or of fact. The former, being raised on what is termed a demurrer {see Pleading), is argued at Westminster before the full court, and the judgment in law is conclusive of the i ue. If the question be of fact, it must be tried by a jury. If the pleadings are dated at London or in Middle sex, as in local actions they miist be if the question arise in those districts, and as in transitory actions they [s. 307]