Court of Common Pleas of the County Palatine of Lancaster

[5][6] As all actions tried here whether commenced in this court, or transmitted by Mittimus, were tried at bar, under the authority of such commission, there was no clause of nisi prius in the award of jury process; and the judges could not be assisted in the trial of civil causes by a sergeant, as in other counties.

[7][8] The chief justice usually presided in the crown court, at the assizes; and in vacation, rules and summonses were generally returnable before, and orders made by, him.

The other assize judge usually presided in the civil court; and, during the Northern Circuit, rules and summonses were generally returnable before, and orders made by, him.

He also drew up and enrolled judgments and recognizances of bail; and made official copies of fines, recoveries, and proceedings in a suit.

[12] The executive officer of this court was the Sheriff, who was appointed yearly, by patent, under the seal of the county palatine.

[13] Bailiffs, or officers for the execution of process, were appointed in the principal towns of the county, and acted under written warrants from the sheriff, in whose office the writs were lodged: but when the sheriff was a party to the suit, this court directed its process to the coroners of the county; and if they were interested, to elisors, named by the prothonotary.

[12] In order to prevent abuses in the execution of process, it was a rule of this court,[14] that "if any sheriff, under sheriff, sheriff's clerk, bailiff of liberty,[15] or other bailiff, shall wilfully delay the execution, or return of any process, or execution; or shall take or require any undue fees for the same; or shall give notice to the defendant, and there by the execution of any process or writ be prevented; or having levied money detain it in his hands, after the return of the writ, besides the ordinary course of amerciaments, an attachment, information, commitment, or fine, to be as the case requireth; and this as well in the case of a late sheriff, or other person before mentioned, as of them present in office."

[18] This provision was repealed and replaced by section 18(2)(a)(v) of the Supreme Court of Judicature (Consolidation) Act 1925, which was to the same effect.