Bench

The judge's seat in a court. Also, the judges themselves as a tribunal or a professional class: as, the common or common pleas bench, the supreme bench, a full or partial bench.

Compare Bar, 1.

ICtng's or Queen's bench. The supreme court of common law in England, now merged into the High Court of Justice. Abbreviated K. B., and Q. B. The king in person used to sit In this court: in theory it was always held before the sovereign. During thb reign of a queen it is called the "Queen's bench." In the time of Cromwell it was styled the "upper bench." It succeeded the aula regie, q. v. Although supposed to follow the person of the sovereign, it was in fact held at Westminster. It consisted formerly of a chief justice and four associate justices — the sovereign conservators of the peace. The jurisdiction of the court, which was originally criminal and included trespasses, in time included all personal common-law actions between subjects, and actions of ejectment. It had also supervisoiy power > See Black v. Halstead, 39 Pa. 71 (1861); 56 id.

33; 67 id. 477; 79 id. 384; 81 id. 180; 83 id. 354. " Commonwealth v. Lottery Tickets, 5 Cush. 374 (1850). 8 Russell V. Ealph, 53 Wis. 332 (1881), cases. <l Greenl.

Ev. Ch. m. 6 Reading v. Westport, 19 Conn. 564 (1849), Church, over inferior tribunals, magistrates, and corporations.'

Bencher.

In England, a dignitary of the inns of court. Each inn is presided over by a certain number of benchers who exercise the right of admitting candidates as members of their society and of ultimately calling them to the bar. They are selected from members who have distinguished themselves in their profession. They also exercise general supervision over the professional conduct of coimselors who are members of the inn.^ Bench-warrant. Process of arrest issued against a person charged with a crime or a contempt of court.

1.

A process issued againsf a person under indictment to bring him into court to answer the charge.

2.

A process issued by a civil court for the apprehension of a person appearing to be guilty, under verified allegations, of an indictable civil injury; as, where a debtor, insolvent and believed to have defrauded or to be intending to defraud his creditors, is disposing of his effects or is about to remove with them from the jurisdiction. The process may be issued by a judge on the bench (whence the name "bench" warrant), or by a judge at chambers. The proceeding is interlocutory,— like a rule on a defendant to show cause why he should not be held to bail in an action ex contractu; and is limited to cases where there appears to be a strong presumption of fraud of some kind on one or more creditors. Hence, fraud is the matter to be alleged, controverted, and substantiated. The remedy is allowed without regard to the place where the fraud was perpetrated, as in actions, of tort. The proceeding is not in the nature of a summary conviction, but simply an arrest for debt under the regulated supervision of a judge, instead of the arbitrary and badly controlled discretion of a party. Nor is the proceeding criminal: the fraud is treated as a private injuiy. The plaintiff files a preliminary afildavit showing, in at least general terms, probable cause to the satisfaction of the court. This affldavit also specifies the nature of the claim, whether a contract or not, and, that the amoimt of bail may be known, the amount of the claim. A hearing of the proofs is fixed, at which the defendant, who has been previously arrested and imprisoned or bailed, may deny all allegations and demand proof of the alleged facts.'

See Attach, 2.