The King against R Danser, Esq
| Jurisdiction | England & Wales |
| Date | 1795 |
| Year | 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 533
IN THE COURT OF KING'S BENCH.
the king against E. danser, esq. Wednesday April 9th, 1795. The 29 Geo. 2, c. 37, does not give power to the courts baron of Sheffield and Ecclesall to hold suit against persons residing within the jurisdiction of those courts in causes arising without. This was a rule calling on the defendant, who is steward of the court baron of the manor of Ecclesall in Yorkshire, to shew cause why a mandamus should not issue, commanding him to permit A. Stevens to enter up final judgment and tax his costs in a certain plaint entered by him in the said court against J. Stevenson, and to issue a precept or warrant in the nature of a capias ad satisfaciendum against Stevenson thereupon, pursuant to the statute, &c. The statute 29 Geo. 2, c. 37, for regulating the proceedings in. personal actions [243} .in the courts baron of the manors of Sheffield and Ecclesall, after reciting that there were immemorial courts baron in those respective manors, and that the mode of proceeding in both was by summons and distress infinite, which was a dilatory and often an ineffectual method, enacted (by sect. 1) that, for preventing all unnecessary delays in those respective jurisdictions, when any plaint should be entered for a debt under 40s. the plaintiff might apply to the several stewards respectively, to issue his or their precept to the bailiff to summon the defendant; that if the defendant did not, after being summoned, appear, the plaintiff might enter an appearance for him. The sixth section gives this form of declaration, " A. B. complains of C. D. for that the said C. D. within the jurisdiction of this court was indebted to the said A. B. in the sum of, &c. (for goods sold, &c.) which said sum the said C. D. hath not paid, &c." By sect. 12, in case a plaintiff living within the jurisdiction sues a defendant living out of the jurisdiction of the respective courts, for a cause of action arising within the jurisdiction, the plaintiff is directed to give security for the costs. By sect. 30, it is provided that it shall be lawful to and for all and every the inhabitants, and all others residing within the said several jurisdictions, as well attornies as others,*to sue and be sued, plead and be impleaded in the said several courts baron of the said manors respectively in any plaint, suit or action where the debt or damages shall not amount to 40s. In sect. 31 it is provided that...
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