CONCURRENT JURISDICTION. Jurisdiction is said to be concurrent, or cumula tive, when it may be exercised in the same cause by any one of two or more courts. To prevent the collision which might arise from each of the courts claiming to exercise the right, it has been established as a rule, that the judge who first exercises jurisdic tion in the cause acquires a right, jure preeventioni$, to judge in it exclusive of the others. The judge by whose authority an offender is first cited or first apprehended, prevents and so excludes the other from his right of cognizance. "This right of pre vention plainly appears to be peculiar to criminal jurisdiction. In civil, it is the private pursuer who has the only right of choosing before which of the courts he shall sue."— Erskine's institutes, b. i. tit. ii. s. 9. Opposed to concurrent or cumulative, is privative jurisdiction. in England, in some cases, there is C. J. between the superior and county courts. " Where the plaintiff dwells more than 20 m. from the defendant; or where the
cause of action did not arise wholly, or in some material point, within the jurisdiction of the court, within which the defendant dwells or carries on his business at the time of the action being commenced; general where any officer of the county court is a party; in any of these Cases, the Superior courts have a concurrent jurisdiction."—Stephen's Com., v. iii. p. 383. By 19 and 20 Viet. c. 108, s. 39, it is provided, that if, in an action or contract, the plaintiff claims more than £20, or, in an action of tort (that is, for wrong independent of contract), more than £5, and the defendant gives notice that he objects to the action being tried in the county courts, and gives security for the amount sued for with costs—all proceedings shall be stayed in the county note.