COURTS OF ASSIZE AND NISI FRIUS. In English Law. Courts com posed of two or more commissioners, called judges of assize (or of assize and nisi prius), who are twice in year sent by queen's special commission on circuits all round the kingdom, to try, by a jury of the respective counties, the truth of such matters of fact as are then under dispute in the courts of Westminster Hall; there being, however, as to London and Middlesex, this exception, that, instead of their being com prised within any circuit, courts of nisi prius are held there for the same purpose, in and after every term, before the chief or other judge of the superior court, at what are called the London and Westminster sittings.
2. These judges of assize came into use in the room of the aocient justices in Byre (justieicerii in itinere), who were regularly established, if not first appointed, by the Parliament of Northampton, A.D. 1176 (22 Hen. II.), with a delegated power from the king's great court, or auk regis, being looked upon as members thereof; though the pre sent justices of assize and nisi price are more im mediately derived from the stat. Westm. 2, 13 Edw. I. c. 30, and consist principally of the judges of the saperior courts of common law, being assigned by that statute out of the king's sworn justices, as sociating to themselves one or two discreet knights of each ()aunty. By stat. 27 Edw. I. c. 4 (ex plained by 12 Edw. II. c. 3), assizes and in quests are allowed to be taken before any one jua doe of the court in which the plea is brought, associating with him one knight or other approved man of the county; by stet. 14 Edw. III. c. 16, in quests of nisi price may be taken before any jus tice of either bench (though the plea be not de pending in his own court), or before the chief baron of the exchequer, if he be a man of the law, or, otherwise, before the justices of assize, so that one of such justices be a judge of the king's bench or common pleas, or the king's sergeant sworn ; and, finally, by 2 & 3 Viet. c. 22, all jus
tices of assize may, on their respective circuits, try causes pending in the court of exchequer, without issuing (as it had till then been considered neces sary to do) a separate commission from the ex chequer for that purpose. 3 Stephen, Comm. 421— 423 ; 3 Blackstone, Comm. 57, 58.
3. There are eight circuits (formerly seven), viz.: the Home, Midland, Norfolk, Ox ford, Northern, Western, North Wales, and South Wales. A general commission is issued twice a year to the judges mentioned of the superior courts of common law at Westminster), two of whom are assigned to every circuit. The judges have four several commissions,, viz.: of the peace; of over and famine; of gaol delivery; and of nisi prius.
Mere were formerly five, including the com nission of assize ; but the recent abolition )f assizes and other real actions has thrown ,hat commission out of force. The com mission of nisi prius is directed to the judges, the clerks of assize, and others ; and it civil causes in which issue has been joined in any one of the superior courts ire tried in circuit by ajury of twelve men of the county in which the venire is ,aid, and on return of the verdict to the !curt above—usually on the first day of the term following—the court gives judgment cn the fifth day after, allowing the four inter mediate days to either party, if dissatisfied with the verdict, to move for a new trial. 3 Stephen, Comm. 424, 425; 3 Blackstone, Comm. 58, 59. Where courts of this kind ex ist in the United States, they are instituted by statutory provision. 4 Watts & S. Penn. 104. See OYER AND TERMINER; GAOL DE LIVERY; COURTS OF OYER AND TERMINER AND GENERAL GAOL DELIVERY.; NISI Paius; COM MISSION OF THE PEACE.