Bill of Middlesex: Difference between revisions

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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

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-In England, the '''Bill of Middlesex''' was a [[writ]] whereby the medieval [[Court of King's Bench|Queen'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.
+In England, the '''Bill of Middlesex''' was a [[writ]] whereby the medieval [[Queen's Bench|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 1854.
+The procedure was abolished in 1832 by the [[Uniformity of Process Act]].
 ==References==