COURTS OF ASSIZE AND NISI PRIUS. Courts composed of two or more commis sioners, called judges of assize (or of assize and nisi pries), who are twice in every year sent by 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, at what are called the Lon don and Westminster sittings.
These judges of assize came into use in the room of the ancient justices in eyre ( justiciarii in itin ere), who were regularly established, if not first appointed, by the Parliament of Northampton, A. D. 1176 (the first of these of whom we have any record, Were appointed in 1170), with a delegated power from the king's great court or aula regis, being looked upon as members thereof; though the present jus tices of assize and nisi prius are more immediately derived from the stat. Westm. 2, 13 Edw. I. c. 30, and consist principally of the judges of the superior courts of common law, being assigned by that stat ute out of the king's sworn justices, associating to themselves one or two discreet knights of each coun ty. By stat. 27 Edw. I. c. 4 (explained by 12 Edw. II. c. 3), assizes and inquests are allowed to be taken before any one justice 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, inquests of nisi prius may be taken before any justice of either bench (though the plea be not depending in his own court), or be fore 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 Vict. c. 22,
all justices of assize may, on their respective cir cuits, try causes pending in the court of exchequer, without issuing (as it had till then been considered necessary to do) a separate commission from the exchequer for that purpose. 3 Steph. Corn. 352; 3 Bla. Cora. 67, 58.
There are eight circuits (formerly seven), viz.: Northern, Northeastern, Midland, South eastern, Oxford, Western, North Wales and Chester and South Wales. At least one judge of the High Court goes around each cir cuit three times a year—in the winter, sum mer and autumn. Two judges attend at the larger towns twice a year. At Liverpool, Manchester and Leeds four assizes are held in each year, two of them by two judges and two by one judge. The judges are under three commissions--oyer and terminer, gaol delivery and assize. The last empowers them inter alia to try civil actions ; 2 Odger, Cora. Law. 985.
Where courts of this kind exist in the United States, they are instituted by statu tory provision. Dawson v. Ryan, 4 W. & S. (Pa.) 404. See OYER AND TERMINER; GAOL DELIVERY; COURTS OF OYER AND TERMINER AN]] GENERAL GAOL DELIVERY; NISI PRVUS ; COMMISSION OF THE PEACE.