COURT BARON. A domestic court, in cident to every manor, to be held by the stew ard within the manor, for redressing mis demeanors and nuisances therein, and for settling disputes among the tenants relating to property. It is not a court of record.
Customary court baron is one appertain ing entirely to copyholders. See CUSTOMARY COURT BARON.
Freeholders' court baron is one held before the freeholders who owe suit and service to the manor. It is the court-baxon proper.
These courts have now fallen into great disuse in England; and provision is made by statute 9 & 10 Viet. c. 95, 0 14, enabling the lord of any manor which has a court in which debts or demands are recoverable to surrender to the crown the right of holding such court, and upon such surrender the court is discontinued and the right of holding it ceases. In the state of New York such, courts were held while the state was a province. See charters in Bolton's Hist. of New Chester. The court has derived its name from the fact that it was the court of the baron or lord of the manor, 3 Sharswood, Blackst. Comm. 33, n.; • see Fleta, lib. 2, c. 53 ; though it is explained by some as being the court of the freeholders, who were in some instances called barons. Coke, Litt. 58 a.
2. Before the abolition of the writ of right, by statute 3 & 4 Will. IV. c. 27, 4 36, the most important business of this court was to determine all controversies relating to the right to lands within the manor. It also
secured the performance of the services and duties stipulated for by lords of manors, and adjudicated upon actions of a personal nature where the amount of the debt or damage was under forty shillings. This jurisdiction over personal action it still retains. 3 Blackstone, Comm. 33 ; 1 Crabb, Real Prop. 44 631-634.
3. These courts may also make by-laws regulating the use of commons and the like, which are binding upon such tenants as as sent to them, unless already regulated by prescription or under an immemorial custom ; but such laws cannot bind strangers. The penalty for a breach of such laws is in the nature of a fine, and not of an amercement.
The freeholders of the manor alone can be suitors, and they also constitute the judges of the court. Unless, then, there are two or more freeholders, there can be no such court, and the party must appeal to the lord paramount. The steward of the manor acts rather as registrar than as judge ; but his presence is necessary to a proper constitution of the court.
It may be held at any place within the manor, upon giving fifteen days' notice (in cluding three Sundays), or even upon shorter notice of the time of holding. Inlater times it assembles usually but once a year; though formerly it was held every three weeks, or, as some think, as often as the lord chose.