Bill of Middlesex

Bill of Middlesex

In England, the Bill of Middlesex was a writ whereby the medieval Court of King's Bench operated as a national court despite no longer being a movable court, and gained jurisdiction in cases that did not involve the King (i.e. civil cases). Like the similar Writ of Quominus in the Court of Exchequer, it involved the use of a legal fiction. The Bill of Middlesex involved a false claim that the subject of the writ had committed a trespass in the county of Middlesex, which included the seat of the court, Westminster Hall, as the court had originally had jurisdiction over all trespasses committed in the county in which it was sitting. The Sheriff of Middlesex was directed to arrest the defendant to answer the claim of trespass together with the actual cause of the action. If the defendant was not found in Middlesex, a "writ of latitat" (Latin for "he lurks") would then be issued to the Sheriff of the county where he was thought to be, again directing his arrest. The result in either case would be that the defendant would be arrested and would have to give bail for his appearance before the court.

The procedure was abolished in 1832 by the Uniformity of Process Act.

References

* 'European Traditions in Civil Procedure', C. H. van Rhee, 2005, Intersentia, p. 136


Wikimedia Foundation. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • bill of Middlesex — Hist. A process by which the Court of the King s Bench in Middlesex obtains jurisdiction over a defendant who resides in a county outside the Court s jurisdiction, by alleging a fictitious tresspass in a county over which the court has… …   Black's law dictionary

  • bill of Middlesex — Hist. A process by which the Court of the King s Bench in Middlesex obtains jurisdiction over a defendant who resides in a county outside the Court s jurisdiction, by alleging a fictitious tresspass in a county over which the court has… …   Black's law dictionary

  • bill of Middlesex — An old form of writ by which actions in the king s bench were commenced. The name was adopted because the court out of which it was issued usually sat in Middlesex …   Ballentine's law dictionary

  • Middlesex — See bill of Middlesex …   Ballentine's law dictionary

  • Middlesex County Cricket Club — One day name: Middlesex Panthers Coach: Richard Scott Captain …   Wikipedia

  • Middlesex (novel) — Middlesex   …   Wikipedia

  • Middlesex (electoral district) — Middlesex (also known as Middlesex London Lambton) was a federal electoral district represented in the Canadian House of Commons from 1968 to 1979. It was located in the province of Ontario. This riding was created in 1966 from parts of Lambton… …   Wikipedia

  • Middlesex High School — Location 300 Kennedy Drive Middlesex, NJ, 08846 United States Information Type Public high school Motto …   Wikipedia

  • Middlesex Rugby Football Union — Sport Rugby union Founded 15th November 1879 President Paul Astbury (Centaurs RFC) Official website …   Wikipedia

  • Middlesex—London—Lambton — Middlesex (ancienne circonscription fédérale) Pour les articles homonymes, voir Middlesex (homonymie). Middlesex (aussi connue sous le nom de Middlesex London Lambton) fut une circonscription électorale fédérale de l Ontario, représentée de 1968… …   Wikipédia en Français

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”