Bench

A tribunal for the administraguished from counsellors and advocates, who are called the "bar." The term, indicating originally the seat of the judges, came to denote the body of judges taken collectively, and also the tribunal itself. The jus tanci, says Spelman, properly belongs to the king's judges, who administer justice in the last resort. The judges of the inferior courts, as of the barons, are deemed to judge piano pede, and are such as are called in the civil law pedanei judices. The Romans used the words sellae and tribunalia to designate the seats of their higher judges, and subsellia to designate those of the lower. See Spelman, "Bancus;" 1 Reeve, Hist. Eng. Law (4th Ed.) 40, "The court of common pleas in England was formerly called bancus, the bench, as distinguished from hancus reflris,-the king's bench. It was also called communis banens, the common bench; and this title is still retained by the reporters of the decisions in the court of common pleas. Mention is made in the Magna Charta 'de justieiariis nostris de banco,' which all men know to be the justices of the court of common pleas, commonly called the common bench, or the bench." Viner, Abr. "Courts," note 2.

A tribunal for the administration of justice. The judges taken collectively, as distinguished from counsellors and advocates, who are called the bar. The term, indicating originally the seat of the judges, came to denote the body of judges taken collectively, and also the tribunal itself. The jus band, says Spelmau, properly belongs to the king's judges, who administer justice in the last resort. The judges of the inferior courts, as of the barons, are deemed to judge piano pede, and are such as are called in the civil law pcdanei judices, or by the Greeks xa^ai Sinaaral, tbat is humi judicantes. The Greeks called the seats of their higher judges (Ififiara, and of their inferior judges fjatipa. The Romans used the word sella; and tribunalia to designate the seats of their higher judges, and subsellia to designate those of the lower. See Spelman, Gloss. Bancus; 1 Reeve, Eng. Law 40, 4th ed. "The court of common pleas in England was formerly called Bancus, the Bench, as distinguished from Bancus Regis, the King's Bench. It was also called Communis Bancus, the Common Bench; and this title is still retained by the reporters of the decisions in the court of Common Pleas. Mention is made in the Magna Charta 'de justiciariis nostris de Banco,' which all men know to be the justices of the court of Common Pleas, commonly called the Common Bench, or the Bench." Viner, Abr. Courts (n. 2).

A seat of judgment or tribunal for the administration of justice; the scat occupied by judges in courts; also the court itself, as the "King's Bench," or the aggregate of the judges composing a court, as in the phrase "before the fnil bench." The collective body of the judges in a state or nation, as distinguished from the body of attorneys and advocates, who are called the "bar."

In English ecclesiastical law. The aggregate body of bishops.

— Bench warrant. Process issued by the court itself, or "from the bench," for the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who does not obey the subpoena. So called to distinguish it from a warrant, issued by a justice of the peace, alderman, or commissioner.

— Benchers. In English law. Seniors in the inns of court, usually, but not necessarily, queen's counsel, elected by co-optation, and having the entire management of the property of their respective intis.

A seat of judgment, or tribunal for the tice; the seat occupied by judges in courts; the as occupying the judgment seat; the ancient the English Court of Common Pleas, or Common vrarrant: a warrant issued by or from a bench rest of a person indicted, or for contempt.

A seat of judgmentor tribunal for the administration of justice; the seat oceupied by judges in courts; also the court itself, as the “King’s Bench,” or the aggregate of the judges composing a court, as in the phrase “before the full bench,” The collective body of the juiiges in a state or nation, as distinguished from the body of attorneys and advocates, who are called the “bar,” In English ecclesiastical law. The aggregate body of bishops. the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who does not obey the subpena. So called to distinguish it from a warrant issued by a justice of the peace, alderman, or commissioner.

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.

A seat of judgment; a court; the judges; v. Court, 5, 18. Bench ^warrant: a warrant issued by the judge or court itself for the arrest of a person indicted, or for contempt; a justice's warrant being issued by a justice of the peace or magistrate.

[L. Lat. bancus; L. Fr. banke, Aon^iie.] A seat of judgment^ or tribunal for the administration of justice; the seat occupied by judges in courts. The judges themselves, as occupying the judgment seat in courts. The term is figuratively used in this sense as a professional title, just as the bar is employed to denote the legal profession. The ancient and original name of the English Court of Common Pleas, or Common Bench, as it is sometimes called. "Attaint was brought in the Bench." Dyer, 63 b. See Bancus, The practice of appropriating an elevated and separate seat for the use of judges, seems to have been a common one from the earliest times. When the Roman praetor heard causes, he sat in the forum or comitium on a tribunal, {in, or pro tribunali,) ' which was a kind of stage or scaffold (suggestum,) made of wood, and moveable. Cic. in Fat. 14. Suet. Cces. 84. In matters of less importance, he judged and passed sentence without form, at any time, and in any place, whether sitting or walking; and then he was said cognoscere e, vel de piano; to hear causes from, or on a level with his suitors, (ex cequo loco, et non e tribunali, aut ex superiori loco. ) Cic. Fam. iii. 8. Cmin. 17. Suet. Tib. 33. The inferior magistrates when they sat in judgment did not use a tribunal, but occupied subsellia, or lower seats. Ascon. in Cic. Suet, Claud. 23. Hence they were sometimes called judices pedanei, either a pedibus, from the feet, (as the praetor sometimes heard causes while standing, or on foot; supra,) or because they administered justice pede piano, with their feet on a level with those of the suitors. Calvin Lex. Jurid, voc. Pedanei. Among the ancient Britons, justice was administered from seats or tribunals constructed of mounds or banks of turf, {e tribunalibus aggesto ccspite constructis.) Spelman, The right of occupying a bench or tribunal (termed the jus band, or right of benchf) was from, an early period considered to be a peculiar privilege of the king's courts in England; the judges of infenor courts, such as hundred courts, and courts baron, being supposed to administer justice without such a formality. See High justice. These last are compared by Spelman to the judices pedanei of the Roman law supra) from which source the idea of the S listinctive privilege of a bench was most probably borrowed. Such inferior judges were called in France juges dessous Vorme (judges under the elm,) because they used to sit under an elm or other tree, near the lord's house. Spelman, voc. Bancus. And in much later times, in England, the hundred court at Freibridge, in Norfolk, was held under an oak at Gey wood; and the court for the hundred of Woolsey, in Herefordshire, was held under an oak near Ashton/ which was called "the hundred oak." Id. ibid, Blount, voc. Bank.

a seat of justice. Figuratively, the office of a judge, as, the bench and the bar. One of the superior courts in England is called the Court of the King’ s Bench.. The King’s Bench prison is a prison belonging and connected with that court.