{"id":58,"date":"2021-04-02T22:10:01","date_gmt":"2021-04-02T22:10:01","guid":{"rendered":"http:\/\/legalblog.ie\/?p=58"},"modified":"2021-04-02T22:48:23","modified_gmt":"2021-04-02T22:48:23","slug":"local-courts","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/local-courts\/","title":{"rendered":"Local Courts"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/local-courts\/#Local_Courts\" title=\"Local Courts\">Local Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/local-courts\/#Eyres\" title=\"Eyres\">Eyres<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/local-courts\/#Itinerant_Justices\" title=\"Itinerant Justices\">Itinerant Justices<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/local-courts\/#Procedure_by_Bills\" title=\"Procedure by Bills\">Procedure by Bills<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/local-courts\/#Development_of_Bills\" title=\"Development of Bills\">Development of Bills<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/local-courts\/#Evolution_of_Actions_by_Bill\" title=\"Evolution of Actions by Bill\">Evolution of Actions by Bill<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/local-courts\/#Later_Developments_of_Civil_Bill_Courts\" title=\"Later Developments of Civil Bill Courts\">Later Developments of Civil Bill Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/local-courts\/#Justices\" title=\"Justices\">Justices<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Local_Courts\"><\/span>Local Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the early days of the Norman colony, the Justiciar\u2019s court was the sole central court.\u00a0 Over time, the bulk of judicial came to be undertaken by county courts.\u00a0 Sometimes the Justiciar presided over county courts.\u00a0 The references to the King\u2019s Courts in Ireland refer to courts held before the Justiciar.<\/p>\n<p>initially, justices were appointed from time to time in some cases to deal only with a single case. <span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">It appears that the appointment of a specialised standing judiciary in Ireland is referable to King John\u2019s visit in 1210.\u00a0 Itinerant justices held eyres through the country in the same manner as in England.\u00a0 <\/span><\/p>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">In the early 14th century, the general eyre to hold all pleas faded out. By the latter half of the 13th century, the judges had become professionals. <\/span>Between eyres, the judges sat in Dublin sitting as the King\u2019s justices in the bench in Dublin.\u00a0 The sessions may have been suspended when they went on elsewhere.\u00a0 Towards the end of the 13th century, a permanent bench was established in Dublin<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Eyres\"><\/span>Eyres<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Eyres took place outside Dublin.\u00a0 An Eyre was a session held at a provincial location.\u00a0 The Eyre conducted both administrative, governmental and judicial business.<\/p>\n<p>Commissions were issued for each Eyre. The justiciar could preside in the Eyre. Eyres were held around the county and in Dublin. A chief justice in Eyre was appointed.<\/p>\n<p>Sessions were held in the main provincial towns in Munster and Leinster. The writ of summons set out the jurisdiction of the justiciar&#8217;s court. It ordered the sheriff to<\/p>\n<ul>\n<li>to cause to come before the justiciar assizes of novel deseisin or morte d\u2019ancestor before the justices of the county.<\/li>\n<li>proclaim that all who wished to complain of the king&#8217;s ministers or others should prosecute their complaints<\/li>\n<li>proclaim that all who had a matter before the justiciar at his next coming should be present<\/li>\n<\/ul>\n<p>He was to arrange prisoners and their accusers \u00a0attend\u00a0 in relation to certain serious criminal matters. \u00a0He was to have 24 knights and other free lawful men to certify the justiciar on articles touching the king&#8217;s peace.<\/p>\n<p>The above was the writ of summons to the general eyre in Ireland.\u00a0 Part of the writ might be modified in circumstances by omitting some of the above elements.\u00a0 It might deal with civil business only. The justiciar could delegate the task of taking an assize or inquisition, where he could not\u00a0 conveniently attend. \u00a0He could remit and assize to justices from whom it had come.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Itinerant_Justices\"><\/span>Itinerant Justices<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The itinerant justices were also contemplated by\u00a0 ordnance at the beginning of the 13<sup>th<\/sup> century.\u00a0 This consisted of one judge sitting alone, and later three judges.\u00a0 The number of itinerant judges increased to five by the middle of the 13<sup>th<\/sup> century. \u00a0They either sat in Dublin to hear common pleas or travelled as itinerant justices.<\/p>\n<p>When based in Dublin they were termed the common bench and ultimately the court of common pleas in parallel to the English equivalent.\u00a0 At the end of the 13<sup>th<\/sup> century the first chief justice of the common pleas was appointed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure_by_Bills\"><\/span>Procedure by Bills<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain complaints could only be by writ \u00a0including those relating to the freehold.\u00a0Most litigation in the justiciar&#8217;s court involved a procedure without writ .\u00a0 \u00a0\u00a0There were some cases where \u00a0oral complaints were taken.<\/p>\n<p>It was \u00a0possible to obtain a licence to plead by bill instead of writ. No licence was required for certain types of complaints, in some cases below certain financial levels. Bills \u00a0concerning a debt or trespass above \u00a040 shillings required a licence. Otherwise they must proceed by writ and licence. The licence to proceed by bill required payment of the fee.<\/p>\n<p>Bills or writs could not oust the jurisdiction of local or franchises courts, on matters belonging to the court.<\/p>\n<p>Actions in the Justiciar court in the 13<sup>th<\/sup> century were commonly begun by bill rather than writ.\u00a0 The origin is unclear.\u00a0 It appears that bills proceeded in cases where no writ was available and was brought in the County Court.\u00a0 If a writ was available, it had to be used and the matter had to be brought in the King\u2019s Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Development_of_Bills\"><\/span>Development of Bills<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Plaints related to wrongs done within the borders of the County and were brought by bill.The plaint could proceed without writ in the justiciar&#8217;s court.\u00a0 In some cases, it was referred to the special commissioners, arbitration type arrangements by consent or to the county court.<\/p>\n<p>There is \u00a0evidence of civil pleas being taken to the Dublin bench, and not the liberty court exchequer or the Eyre.\u00a0 Some came directly from the inferior Irish courts while others came from the justiciar.\u00a0 The procedure by which the cases were transferred is obscure in many instances.\u00a0 The proceedings were not in the way of appeals, but more akin to a \u00a0judicial review.<\/p>\n<p>When the Justiciar came to a county, the county court ceased to function and the Justiciar heard cases which would otherwise be heard before the county court.\u00a0 These cases were begun by bill.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Evolution_of_Actions_by_Bill\"><\/span>Evolution of Actions by Bill<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The procedure with bill died out in England but survived in Ireland.\u00a0 When the King\u2019s Court settled in Dublin, bills were tried by the judges of assize.\u00a0 There was a limit to their jurisdiction being c \u00a330 by the middle of the 17<sup>th<\/sup> century.<\/p>\n<p>The procedure by bill was much quicker than by writ.\u00a0 Costs were significantly less. It appears that the judges on arrival on circuit towns gave out blank bills which were sold in shops.\u00a0 The claimant purchased bills, completed the details of the claim and served it on the defendant.<\/p>\n<p>The defendant was summoned to appear before the court and judgment might be given at once.\u00a0 Many hundreds of bills might be heard in the sessions.\u00a0 Where the judge did not have time to hear the bills, he would refer it to a gentleman in the county \/ justice.\u00a0 The judge collected fees for each bill.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Later_Developments_of_Civil_Bill_Courts\"><\/span>Later Developments of Civil Bill Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A statute at the beginning of the 18<sup>th<\/sup> century gave power \u00a0to hear and determine bills for debt, trespass and various other types of claim below certain jurisdictional amount.<\/p>\n<p>Further legislation followed in the 18<sup>th<\/sup> century.\u00a0 The judges of assize were relieved of civil bill work and as have been provided in Dublin, since the \u00a0start of the 18<sup>th<\/sup> century, civil bills are heard at quarter sessions.<\/p>\n<p>A barrister of six years standing was appointed in each county, to act as an assistant to the justices at quarter sessions.\u00a0 The assistant barrister was empowered to hear civil bill cases as sole judge.\u00a0 Jurisdictional limits were imposed.\u00a0 Appeals from the assistant barrister were made to the judge of assize. This assistant barrister role ultimately evolved into that of the County Court in the 19<sup>th<\/sup> century.<\/p>\n<p>The judges of assize was effectively the High Court on circuit.\u00a0 Ultimately the jurisdiction of the assistant barristers \/ County Judge was expanded.\u00a0 The powers of the County Court were transferred to the Circuit Court in the Irish Free State and remained with the County Court in Northern Ireland.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Justices\"><\/span>Justices<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Justice of the peace have been appointed in Ireland since the mid-14<sup>th<\/sup> century.\u00a0 Irish legislation from 1351 provided for the appointment of four \u00a0guardians of the peace for each county.\u00a0 At that stage, their principal functions was in keeping law and order.\u00a0 In the medieval period local administration of justice at petty sessions and quarter sessions in accordance with the English practice was not possible in many areas in Ireland.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-58\" data-postid=\"58\" class=\"themify_builder_content themify_builder_content-58 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Local Courts In the early days of the Norman colony, the Justiciar\u2019s court was the sole central court.\u00a0 Over time, the bulk of judicial came to be undertaken by county courts.\u00a0 Sometimes the Justiciar presided over county courts.\u00a0 The references to the King\u2019s Courts in Ireland refer to courts held before the Justiciar. initially, justices [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[29],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/58"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=58"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/58\/revisions"}],"predecessor-version":[{"id":76,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/58\/revisions\/76"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=58"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=58"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=58"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}