Common Pleas, The Court Of - Definition - Law Dictionary

Definition :

Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-

(I.) Formal or plenary.

(1) Real actions, under the C.L.P. Act, 1860, s. 26.

(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.

(II.) Summary.

Under the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c.31).

(III.) Auxiliary.

(1) Registration of judgments, annuities, etc. (1 & 2 Vict. c. 110; 2 & 3 Vict. c. 11; 3 & 4 Vict. c. 82; 18 Vict. c. 15).

(2) Under the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), respecting the fees connected with conveyances executed by virtue of the Act, and also with the examination of married women concerning their assurances.

(IV.) Appellate.

Appeals from the Revising Barristers' Courts, under the Parliamentary Registration Act, 1843 (6 & 7 Vict. c. 18).

By (English) Jud. Act, 1873, s. 34, replaced by Judicature Act, 1925, s. 18, the exclusive jurisdiction of this Court was retained for the 'Common Pleas Division' which represented it; but by Order in Council of December 16, 1880, under s. 31 of that Act, that division was merged in the Queen's (now King's) Bench Division.