venue

The locality of a law suit—the place where judicial authority may be exercised—though defined by legislation relates to the convenience of litigants and as such is subject to their disposition

In pleading and practice. A neighborhood; the neighborhood, place or county in which an injury is declared to have been done or fact declared to have happened. 3 Bl. Comm. 294. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to furnish the panel of jurors. To "change the venue" is to transfer the cause for trial to another county or district. See Moore v. Gardner, 5 How. Prae. (N. Y.) 243; Armstrong v. Emmet, 16 Tex. Civ. App. 242, 41 S. W. 87 ; Suilivan v. Hall, 86 Mich. 7, 48 N. W. 646, 13 In R. A. 556; Sinte v. McKinney, 5 Nev. 198. In the common-law practice, the venue ls that part of the declaration in an action which designates the county in which the action is to be tried. Sweet.

— Local venue. In pleading. A venue which must be laid in a particular county. When the action could have arisen only in a particular county, it is local, and the venue must be laid in that county. 1 Tidd, Pr. 427.

visne, I. fr. and eng. A neighborhood; the neighborhood, place or county in which an injury is declared to have been done, or to have happened; hence the county in which the action is intended to be tried, and from the body of which the jurors who are to try ip are summoned; a jury summoned from a particular place or county; the statement in a declaration or indictment of the place where the injury was inflicted or the crime committed.

In old English law. A coming; a resorting or resort

' Locality, neighborhood; place of.trial; county. The county where a cause is to be tried.* The clause in a declaration or indictment which states the place where the transaction was had, the injury inflicted, or the crime committed. Some certain place must be alleged as the place of occurrence for each traversable fact. In local actions the true venue must be laid, and it cannot be changed;, in transitory actions, may be laid in any county where the plaintiff can find the defendant.^ Originally, a venue was emploj'ed to indicate th& county from which the jury was to come. The necessity of stating a.yenue is reluctantly confessed by the authorities. It is enough, in a civil action, to name a place in the county without naming the county.*" In a criminal jjroceeding the venue must be laid in iihe county where the act was committed. See Place, Of indictment. Change of venue is allowed by statute in cases in which there is reasonable ground to believe that such local prejudice exists toward a party, or that such feeling exists on the subject-matter in litigation, as to preclude the probability of an impartial trial. The affidavit required must state the facts from which the conclusion is deduced that an impartial trial cannot be had.' See Knowledge, 1; Pbkjudick.

visne,/r., Visnetum, vicinetum, /. (The neighborhood.) 1. The neighborhood whence the jury was to be summoned. 2. Hence, the place where the action arose or crime was committed. 3. The place or county where the action is tried. 4. In of the dec-

Neighborhood; place; lo- ' cality. Particularly, the neighborhood, place, or county in which a crime or an injury is alleged to have been committed or a fact alleged to have happened. The name venue is also applied to the clause in a declaration stating the county in which a fact happened; as in the expression to lay a venue, meaning to allege a place. It also designates the county in which an action is intended to be tried. A change of venue is a change of the place of trial to another county. Under the codes of procedm-e, the expression " place of trial " has been very generally substituted for venue. In former times, the direction to the sheriff was to summon a jury, not from the body of the county, but from the immediate neighborhood where the facts occurred, and from among those persons who best knew the truth of the matter; the jurors being formerly regarded as witnesses, or as persons in some measure cognizant, of their own knowledge, of the matter in dispute and of the credit to be given to the parties; and, in order to know into what county the retdre facias should issue, it was necessary that the issue in the action, and the pleadings out of which it arose, should show particularly what that place or neighborhood was. Such place was called the visne or venue; and the statement of it in the pleadings obtained the same name; to allege the place being, in the language of pleading, to lay the venue. Mozley Sr W. By the judicature act, there is to be no local venue for the trial of any action, but when the plaintiff proposes to have the action tried elsewhere than in Middlesex, he is in his statement of claim to name the county or place in which he proposes that the action shall be tried; and the action thereupon shall, unless the judge otherwise orders, be tried in the county or place so named. Brown.