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 TJie English Law Courts.

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chancery" (from which by the way the ori empowered to grant relief in cases where ginal common law writs were issued), "that common law remedies were not available. in one case a writ is found and in like case We cannot here enter into minute details (in consimili cas1i) falling under like law and as to the development of procedure in the requiring like remedy none is found, the old Court of Chancery. The original course clerks in chancery shall agree in making the was for a suitor to present his bill or petition writ, or the plaintiff may adjourn it until the to the chancellor, who perused it, and if he next parliament, and the cases in which the thought the case was one for extraordinary clerks cannot agree are to be written and re relief, a writ of subpoena was issued by his

ferred by them unto order in the king's name, calling upon the next parliament, and by agreement of the defendant to ap men learned in the pear in chancery, an swer the complaint law a writ is to be and abide by the made lest it should happen that the court order of the court. should long time fail In time a personal to minister justice un examination of the to complainant." bill or petition by the chancellor was dis Here we have the beginning of a sort of pensed with, — the signature of counsel equitable interference with the common law. to it being accepted But the statute in as a guarantee that consimil1' ens11 proved the case was one in abortive. In the first which the immediate place the judges in issue of a writ of sub many cases refused to poena should be au recognize the writs thorized. In 1852 a issued by the clerks further change was in chancery. In the introduced. The second place, the mul chancer)- jurisdiction tiplication of new act passed in that year PHILIP, EARL OK HARDWICKt. forms of action was superseded the writ too rapid and too complex for the clerks of subpoena by the mere endorsement of the in chancery to grapple with, accordingly substance of the writ on a copy of the bill the practice grew up among suitors of or petition served on the defendant. In this way the bill or petition became the first step petitioning the sovereign in council for re dress, where other relief could not be had. or pleading in a chancery suit. The sovereign, too deeply occupied with Under the Judicature Acts, 1873-75, law the high things of foreign policy to find and equity were fused : it was provided that time to overtake such petitions, referred in every civil cause or matter, not particu them to their chancellors, and in the reign larly mentioned, they should be administered of Edward III (ordinance of 22 Edward concurrently, and that where there was any III) the Court of Chancery was firmly conflict or variance between the rules of the established as a permanent jurisdiction, se two systems, the rules of equity should pre parate from the court of common law, and vail, and the Court of Chancery was merged