VENUE (mcinetutn, risme, "neighbourhood"). The county in whits!, the trial of a particular cause takes place is said to be the venue of that cause. The old practice in this matter is connected with the original function, of the jury, as persons who were acquainted with the facts in irsue. (Jnay.) In order. the n, that a proper rtnire might Lune to the sheriff, the place in which the action was brought was stated in the margin of the declaration, and on the statement throughout the pleadings of any imitable fact a statement was also made of the place at which such fact was alleged to have occurred.
As to all such facts upon which issue was taken, a venire was sued out applying to each different place. The sheriff returned jurors from that place, and by those jurors the facts were decided, so that several dia. tinet reefers and trials might be necessary to dispose of the Issues in one action.
When juries ceased to act on their own knowledge, and began to determine on the evidence of witnerms, the necessity ceased for sum moning them from the particular part of the country, and the practice gradually declined. till at last, the venire itself gave way to a precept commanding the attendance of the jurors at the aaaizemu. Wont ant Late Procedure Act, 1852.) A distinction was long since established between local actions (that is, actions relating to real estate) and transitory (that is, actions of debt, contract, for personal injnriee &o.). In regard to the former, it washeld that the actual place In which the subject-matter was situated must be laid as the venue In the action, and that rule still prevails. The reason
is said to proceed from the circumstance that, unless the action were brought in the actual county, the sheriff of the county would be unable to give effect to the judgment in the action. In transitory actions, on the contrary, the aubjectsmatter of them being held not to have any fixed place, the plaintiff is at liberty to bring his action in any county in which be please. As a consequence of which it follows, that though the cause of action has occurred even out of the kingdom, it is still open to the plaintiff to bring his action in the courts of this country. The plaintiff has atilt this liberty in a transitory action ; but the courts assert an authority upon application made to them of changing the venue. This Is done upon its being made to appear that great Inconvenience would arise from trying in the original county, because the body of the evidence lies in another, or because from local prejudices a fair trial cannot be lied,&o. And the same authority may be exercised even in local actions, in spite of the technical difficulty which has been before referred to.
In criminal trials the venue is usually the county in which the offence charged was acttfally committed. The courts however have the same discretion as to the power of changing the venue as In civil cases, and as to criminal trials, many exceptions have been introduced by various statutes.