the same, but with like preference to all other payments as aforesaid; and the same shall from time to time be paid, and payable quarterly, free and clear of all taxes, and deductions whatever on the four usual days of payment in the year before mentioned, in each and every year, by even and equal portions, the first payment thereof to be made on such of the said days as shall next happen after such resignation as aforesaid of the person to whom any such annuity or yearly sum of money shall be granted :-Provided always that no such annuity or yearly sum of money granted to any person having executed the office of Chief Justice, Master of the Rolls, Chief Baron, Justice or Baron of the Coif of the said Courts respectively, shall be valid, unless such chief Justice, Master of the Rolls, Chief Baron, Justice or Baron respectively, shall have continued in one or more of the said last mentioned offices for the period of fifteen years, or shall be afflicted with some permanent infirmity, disabling him from the due execution of his office, which shall be distinctly recited in the said grant." By 53 Geo. III., c. 153, s. 1, an additfonal annuity may be granted not exceeding the sum of £800. And by section 2 of the same Act, "the said several annuities and yearly sums of money shall from time to time from the granting thereof be payable, and paid quarterly free and clear from all taxes and deductions whatsoever." By 6 Geo. IV., c. 82, s. 10, an additional annuity not exceeding £200 was granted, making the total £4,000.

NOTE 46.-The Pension of the Master of the Rolls.-(§ 14 p. 8)

By 39 Geo. III., c. 110, s. 7, the pension is fixed at £2,500 on the terms fully set out in the previous note, on "The pension of the Lord Chief Justice of England." By 53 Geo. III., c. 153, s. 1, an additional pension not exceeding £800 is granted, and by 6 Geo. IV., c. 84, s. 4, a further pension of £450, making a total of £3,750.

NOTE 47-The Pension of the Lord Chief Justice of the Common Pleas.-(§ 14, p. 8)

By 39 Geo. III., c. 110, s. 7, the pension is fixed at £2,500 on the terms fully set out in the previous note, on "The pension of the Lord Chief Justice of England. By 53 Geo. III., c. 153, s. 1, an additional pension not exceeding £800 is granted, and by 6 Geo. IV., c. 83, a further pension of £450, making a total of £3,750.

NOTE 48.-The Pension of the Lord Chief Baron of the Exchequer. (§ 14, p. 8.)

By 39 Geo. III., c. 110, s. 7, the pension is fixed at £2,500 on the terms fully set out in the previous note, on "The pension of the Lord Chief Justice of England." By 53 Geo. III., c. 153, s. 1, an additional pension, not exceeding £80, is granted, and by 6 Geo. IV., c. 84, s. 4, a further pension of £450, making a total of £3750.

NOTE 49.-The Pensions of Ordinary Judges of the Court of Appeal, and of any other Judge of Her Majesty's

High Court of Justice.-(§ 14, p. 8).

This pension is to be the same amount which at present might, under the same circumstances, be granted to a puisne Justice of the Court of Queen's Bench. By 39 Geo. III., c. 110, s. 7, the pension to such a puisne justice is fixed at £2,000 on the terms fully set out in the previous note, on "The pension to the Lord Chief Justice of England." By 53 Geo. III., c. 153, s. 1, an additional pension not exceeding £600 is granted, and by 6 Geo. IV., c. 84, & 4, a further pension of £900, making a total of £3,500.

NOTE 50.-Court of Record. (§ 16, p 9.)

A Court of Record is that where the Acts of judicial proceedings are enrolled in Parliament for a perpetual memorial and testimony; which rolls are called the Records of Court, and are of such high super-eminent authority that their

truth is not to be called in question. For it is a settled rule and maxim that nothing shall be averred against a record, nor shall any plea, or even proof, be admitted to the contrary (Co. Litt., 260). And if the existence of a record be denied, it shall be tried by nothing but itself; that is upon bare inspection whether there be any such record or no; else there would be no end of disputes. But if there appear any mistake of the Clerk in making up such record, the Court I will direct him to amend it. All Courts of Record are the Courts of the Sovereign in right of the Crown and Royal dignity (Finch L., 231); and, therefore, every Court of Record has authority to fine and imprison for contempt of its authority (8 Rept. 38 b; Hawk. b. 2, c. 22, s. 1; Bac. Abr. Courts, E.; R. v. Clement, 4 B. and Ald. 233; R. v. Davison, 5 B. and Ald. 337; R. v. James, ibid., 894. As to attachment for contempt of court generally, see Miller v. Knox, 4 Bing. N. C. 574; Doe d. Cardigan v. Bywater 7 C. B. 794. As to contempt committed in a County Court, see 9 and 10 Vict., c. 95, s. 113; 12 and 13 Vict., cap. 101, s. 2; Levy v. Moylan, 10 C. B. 189), while on the other hand the very eviction of a new jurisdiction, with power of fine or imprisonment, makes it instantly a Court of Record (see Groenvelt v. Burwell, Salk. 200; Grenville v. College of Physiciaus, 12 Mod. 388.) But the Courts not of Record, or those of them at least in which the common law is administered, are of inferior dignity, and in a less proper sense the King's Courts-and these are not intrusted by the law with any power to fine or imprison the subjects of the realm, unless by the express provision of some Act of Parliament (Dyson v. Wood, 3 Barn. and Cress. 449.) In these also the proceedings are not enrolled or recorded; but as well their existence, as the truth of the matters therein contained, shall, if disputed, be tried and determined by a jury. (2 Inst. 311; 8 Rep. 38 b; 11 Rept. 43b; 3 Bl. Com. 24.— 3 Step. Black, 380.

NOTE 51.-The Jurisdiction of the High Court of Chancery as a Common Law Court as well as a Court of Equity. (§ 16, p. 9.)

The jurisdiction of the High Court, of Chancery has been thus divided. (Whart. Dic. tit. "Chancery"):

1st. The Common Law or Ordinary jurisdiction by which the Lord Chancellor is a privy councellor, and prolocutor of the House of Lords. The writs for a new parliament issue out of this department; but in case of a vacancy during the session, the Speaker, on the motion of a member, directs the Clerk of the Crown, by warrant to issue a new writ. The Petty Bag Office is in this jurisdiction; it is a Court of Common Law and of Record; pleas of scire facias to repeal letters patent are here exhibited, together with many other matters and all original writs issue hereout, see 11 and 12 Vict., c. 94; 12 and 13 Vict., c. 109; and Gen. Ords., 29th Dec., 1848.

2nd. The Statutory jurisdiction. Under the head of jurisdiction, the Lord Chancellor exercises the power conferred by the celebrated Habeas Corpus Act, inquires into charitable uses, and formerly heard Appeals in Bankruptcy recently exercised by the Lords Justices of Appeal. Under it also, the Judges in Chancery were intrusted with numerous authorities which were conferred upon them wholly and solely by acts of parliament. The statutes which regulate or enlarge the Equity jurisdiction are not to be classed under this division.

3rd. The Specially Delegated Jurisdiction. Under this head the Lord Chancellor aud the Lords Justices of Appeal had exclusive authority over the persons and property of idiots and lunatics.

4th. The Equity or Extraordinary jurisdiction which is distributable into these subdivisions, namely:

(I.) The Assistant, being auxiliary to the Common Law, under which range

matters of

(a) Discovery for the promotion of substantive justice at Common, Law.

(b) Preservation of testimony relating to a question at law, from persons not being the litigants.

(c) Removal of improper impediments, and prevention of unconscientious defences, at Cornmon Law.

(d) Giving effect to, and relieving from the consequences of Common Law judgments.

(II.) The Concurrent with the Common Law, comprehending

(a) The remedial correction of fraud.

(b) The prevention of fraud by injunction.

(c) Accident.

(d) Mistake.
(e) Account.
(f) Dower.

(g) Interpleader.

(h) The delivery up of documents and specific chattels.
(i) The specific performance of agreements. And

(III) The Exclusive, relating to

(a) Trusts.

(b) Infancy.

(c) The equitable rights of wives.

(d) Legal and equitable mortgages.

(e) The assignment of choses on action.

(f) Partition.

(g) The appointment of receivers.

(h) Charities or Public Trusts.

See also notes, "The Lord Chancellor;" "The High Court of Chancery of England;" "The Master of the Rolls" "The several Vice-Chancellors of the High Court of Chancery."

NOTE 52.-The Jurisdiction of the Court of Queen's Bench.(§ 16, p. 9.)

The jurisdiction of the Court of Queen's Bench was most high. It kept all inferior jurisdictions within the bounds of their authority, and might, either by writ of certiorari, remove their proceedings to be determined there or by writ of prohibition, prohibit their progress below. It superintended all civil corporations in the kingdom. By writ of mandamus, it commanded magistrates to do what their duty required in every case where there was no other specific remedy. By writ of habeas corpus, it protected the liberty of the subject by speedy and summary interposition. It took cognizance both of criminal and civil causes; the former in what was called the crown side or crown office; the latter in the plea side of the court. On the crown side it took cognizance of all criminal causes from high treason down to the most trivial misdemeanour, or breach of the peace. Into it also indictments from all inferior courts might be removed by writ of certiorari, and might be tried either at bar or at Nisi Prius, or in some extreme cases at the Central Criminal Court under 19 and 20 Vict., c. 16.

On the plea side it exercised a general jurisdiction over all actions between subject and subject, with the exception of real actions and suits concerning the revenue. Its jurisdiction in civil actions was formerly limited to trespass or injuries said to have been committed vi et armis, but by means of fictitious proceeding called Bill of Middlesex and Latitat, it usurped jurisdiction over all personal actions. It recently exercised a direct jurisdiction in all such actions by virtue of 2 Will. IV., c. 39, which abolished these fictitious proceedings. Error lay from this Court to the Exchequer Chamber. The matters comprised within the civil jurisdiction of this Court have been thus classed. (I.) Formal or plenary.

(1) Personal actions.

(2) Mixed action of ejectment.

(II.) Summary.

(1) Annuities and mortgages (15 and 16 Vict., c. 76, ss. 219-220.)

(2) Arbitrations and awards.

(3) Habeas Corpus Act (31 Car. II., c. 2, extended by 56 Geo. III., c. 100).

(4) Interpleader Act (1 and 2 Will. 1V., c. 58).

(5) Over officers of the Court.

(6) Warrants of attorney, cognovits, and judges' orders for judgment.

(III.) Auxiliary.

(1) Answering a special case.

(2) Enforcing judgments of inferior Courts of Record.

(3) Prerogative Mandamus to compel inferior Courts or officers to Act, see 17 and 18 Vict. c. 125, ss. 75-77.

(4) Prohibition.

(5) Quo warranto.

(6) Trying an issue in fact from a Court of equity or a feigned issue.

(IV.) Appellate.

(1) Appeal from the decisions of justices of the peace in giving possession of deserted premises to landlords, under 11 Geo. II., c. 19, ss. 16-17. (2) Writs of error from certain inferior Courts of Record (17 and 18 Vict., c. 125, s. 102).

(3) Writs of false judgment from inferior Courts not of record, but proceeding according to the course of the common law.

(4) Appeals by way of a case from the summary jurisdiction of justices of the peace on questions of law (20 and 21 Vict., c. 43; Örder of Court, 25th November, 1857). See also notes, "The Judges;" "The Superior Courts of Common Law ;" "The Court of Queen's Bench;" "The Lord Chief Justice of England."

NOTE 53.-The Jurisdiction of the Court of Common Pleas at Westminster.-(§ 16, p. 9.)

The Court of Common Pleas took cognizance of all actions between subject and subject without exception, including formerly the extensive class of real actions, of which it retained the few surviving species. And over remedies of this kind (which formerly excelled all others in importance), it had always exercised an exclusive jurisdiction; as it did also over fines and recoveries, while these modes of assurance existed, and still did over the forms of conveyance substituted for them. For these reasons, and also because its authority in these matters was original, and not usurped (as in the case of the Exchequer and Queen's Bench), it had always been considered as the principal seat of learning relative to ordinary actions between man and man, and is styled by Lord Coke (4 Inst. 99), the lock and key of the common law. It had exclusive jurisdiction in cases of appeal from the barristers appointed to revise the lists of Parliamentary Voters (6 and 7 Vict., c. 18).

The jurisdiction of the Court of Common Pleas at Westminster was altogether confined to civil matters having no cognizance in criminal cases, and was concurrent with that of the Queen's Bench and Exchequer in personal actions and ejectment. Wharton thus divides its exclusive or peculiar jurisdiction :— (I.) Formal or plenary.

Real actions.

(II.) Summary.

Under the Railway and Canal Traffic Act, 1854 (17 and 18 Vict., c. 31). (III.) Auxiliary.

(1) Registration of judgments, annuities, &c. 1 and 2 Vict., c. 110; 2 and 3 Vict., c. 11; 3 and 4 Vict., c. 82; 18 Vict., c. 15.

(2) Under 3 and 4 Wm. IV., c. 74, respecting the fees connected with conveyances executed by virtue of the Act, and also with the examination of married women concerning their assurances (see 11 and 12 Vict., c. 70; 17 and 18 Vict., c. 75; 19 and 20 Vict., c. 108, s. 73).

IV Appellate.

Appeals from the Revising Barristers' Courts, under 6 and 7 Vict., c. 18.

See also notes, "The Judges," "The Superior Courts of Common Law," "The Court of Common Pleas."

NOTE 54.-The Jurisdiction of the Court of Exchequer.(§ 16, p: 9.)

The jurisdiction of this Court is given in the note on "The Court of Exchequer," containing Blackstone's history of the Court.

Its jurisdiction has been thus concisely described. :-In addition to the concurrent jurisdiction it enjoyed in common with the other superior Courts, the Court of Exchequer had exclusive jurisdiction in informations at the suit of

the Attorney General to recover debts and duties due to the Crown in action for penalties incurred under the Stamp Act, and generally in cases where the public revenue came in question, and which did not amount to an indictable offence, or was not cognisable by the commissioners of assize, or justices of the peace. [Petersdorff's Abrid. tit. "Court of Exchequer."]

Where an action had been brought in either the Court of Common Pleas or Queen's Bench, in which the interest of the Crown was concerned, the Court of Exchequer would, on the application of the Attorney General, without affidavit, make a rule absolute in the tirst instance to remove the cause into the latter court. Adams v. Freemantle, 2 Ex., 513. In such a case two day's notice of the motion was sufficient. Attorney General v. Hallet, 15 Mee, and W. 97; 3 D. and L. 685.

Formerly the Court of Exchequer had a general equitable jurisdiction; but this had been transferred to the Court of Chancery by the 5 Vict., c. 5. its equity jurisdiction in revenue cases, however still remained. Attorney General v. Halling, 15 Mee and W. 687. Attorney General v. Corporation of London, 8 Beau. 270; H. of L. C. 440.

NOTE 55.-The Jurisdiction of the High Court of Admiralty.—

(§ 16, p. 9).

The Admiralty Courts-of which there are two divisions, the Instance Court and the Prize Court-had jurisdiction and power to try and determine all maritime causes or injuries on the high seas. Generally speaking, and with the exception of any case otherwise specially provided for by Act of Parliament all admiralty causes must be causes arising wholly upon the sea, and not within the precincts of any county. For the statute, 13 Ric. II., c. 5, directs that the admiral and his deputy shall not meddle with anything, but only things done upon the sea; and the statute 15 Ric. II., c. 3, declares that the Court of the Admiral hath no manner of cognizance of any contract or of any other thing done within the body of any county (as to what is infra corpus comitatus, see Com. Dig, Admiralty (E. 14); Jac. Law Dict. "Admiral"), either by land or by water, nor of any wreck of the sea, for that must be cast on land before it becomes a wreck. It is provided, however, by the statute, 17 and 18 Vict. c. 104, ss. 460, 464, 468, 476, 492-498, that the Court of Admiralty shall, in certain cases, have jurisdiction on claims of salvage, and by sect. 476, that such jurisdiction shall attach whether the salvage service was performed at sea or by land or partly at sea, and partly by land. But it is otherwise of things, flotsam, jetsam, and ligan; for over them the admiral hath jurisdiction, as they are in and upon the sea. If part of any contract (or other cause of action) arose upon the sea and part upon the land, the common law excluded the Admiralty Court from its jurisdiction; for, part belonging properly to one cognizance, and part to another, the common or general law took place of the particular (Co. Litt. 261). Therefore, though pure maritime acquisitions, which were earned and became due on the high seas-as seamen's wages-were one proper object of the admiralty jurisdiction, even though the contract for them were made upon land (1 Vent., 146 But, as to claim for wages under £50, see 17 and 18 Vict., c. 104, ss. 188-189; and 24 and 25 Vict., c. 10, s. 10), yet in general if there were a contract made in England, and to be executed upon the seas-as a charter-party or covenant that a ship shall sail to Jamaica, or shall be in such a latitude by such a day; or a contract, made upon the sea to be performed in England-as a bond made on shipboard to pay money in London, or the like; these kinds of mixed contracts belonged not to the admiralty jurisdiction, but to the courts of common law (see Bridgman's case, Hob. 23; Hale. Hist. C. L. 35; Le Caux. v. Eden, Doug. 572). It is to be observed, however, that where the Admiralty Court had jurisdiction of the original subject matter in the cause it had also jurisdiction of all consequential questions, though properly determinable at common law (13 Rep. 53; Ridley v. Egglesfield, 2 Lee 25; Hardr. 183). Wherefore, among other reasons, a suit for beaconage of a beacon standing on a rock in the sea might be brought in the Court of Admiralty, the admiral having an original jurisdiction over beacons (Crosse v. Digges, 1 Sid, 158).

In addition to his general jurisdiction over maratime causes the judge of the Admiralty had a special commission from the Crown to adjudicate on prize of