BILL OF MIDDLESEX. A fiction by which the King's Bench acquired jurisdiction in ordinary civil suits. The court could pro ceed by bill against certain officials of the court, or against any persons accused of contempts, deceits or trespasses. But this process did not apply in actions of debt, det inue, account or covenant. A method was found in the fact or fiction of the custody of the marshal. It was held that a mere rec ord on the rolls of the court that the defend Etnt had given bail would be sufficient evi dence of actual custody. To get this evi dence on record a bill of Middlesex was filed stating that the defendant was guilty of trespass vi et arrnia—an offence falling properly within the jurisdiction of the court. The plaintiff gave pledges for the prosecu tion which, even in Coke's day, were John Doe and Richard Roe. The sheriff of Mid dlesex was then directed to produce the de fendant to answer the plaintiff of a plea of trespass. If the sheriff made return to the bill of "non eat inventua," a writ of latitat was issued to the sheriff of an adjoining county. This recited the bill of Middlesex
and the proceedings thereon and stated that the defendant "latitat et discarrit" in the county and directed the sheriff to catch him. If the defendant did not live in Middlesex, the latitat was the first step taken. If the defendant appeared, the court obtained ju risdiction ; if not, the plaintiff could enter an appearance for him and give as sureties John Doe and Richard Roe. This was called "common bail." In certain cases substan tial bail was required ; this was called "spe cial bail." The above process did not set forth the true cause of action. That was added by the so-called "ac etiain" clause stating the true cause of action. The supposed trespass gave jurisdiction ; the real cause of action in the "ac etimm" clause authorized the arrest in default of "special bail." These fictions were abolished by 2 Will. IV. c. 39. See 1 Holdsw. Hist. E. L. 87. The "nec non" clause was used as a like fiction to give jurisdiction in certain cases to the Common Pleas.