The Sun.
London, England, 1865-10-03 00:00:00

The New County Court Rules,

The " orders and rules" for the regulation of the
new equitable jurisdiction of the county courts have
been framed by five judges of those courts, and ap-
proved by the Lord Chancellor with laudable celerity.

The manifest aim of those who drew them up has

naturally been to assimilate the new to the earlier
practice of those tribunals, and to divest, as far as
I,ossible, equity, as law has there already been di-
-vested, of the character of an art or mystery, known
and to be exercised only by trained professors.
Throughout, pleading and the general conduct of
the litigation by the suitors in person is evidently
contemplated as a very ordinary incident; the plaints
are allowed to be either written or printed, so that
the amateur in equity will be able to dispense not
merely with solicitor and counsel, but even with a
law stationer ; and, as unless by special order of
the judge, matters of equity are to be heard on the
same days as those appointed for the transaction
of general business, the profoundest problems of
trust and real property law may, and doubtless
often will, be treated and settled with as little cere-

mony as a question on the items of a tailor's bill.
Despatchwas the object aimed at in the establish-
ment of county courts, and despatch hasbeen hitherto
the great glory of them. What was to be feared in
giving them equitable jurisdiction was that this,
their sovereign excellence, would be tarnished. The
orders and rules obviously contemplate this very
possible pitfall, and it must be confessed, do all that
an a priori system of practice can do to escape it.
Conciseness is the attribute they throughout recom-
mend. The suit is to open with a concise statement
of the plaintiff's case; interrogatories are dispensed
with altogether, and the defendant. is to reply, whe-
ther by disclaimer, admmon, denial, counter state-
ment of fact, or demurrer, but at all events concisely.
A threat even seems to be implied as to costs should
the defendant be so litigious as to say aught, at least
before the hearing, on his own behalf; for, though
be may answer the case against him in these specified
ways, it is " provided always that, in exercising his
discretion as to costs, the judge shall consider the
fact of a defendant having or not having availed
himself of the powers given by this rule." Again,
with the like view of avoiding circumlocution, the
evidence is to be taken in court viva voce, and the
much-attacked practice of oral examinations out of
court, and with solicitors as assessors, is re-
stricted (whether with or without the incident
last referred to, the orders say not), to cases
where the witness resides within the jurisdic-
tion of some other county court, when he is to be
examined by the registrar of that court. and his an-
swers to be transcribed by that official. The use of
affidavits to support plaints is not prohibited (it is
made obligatory in trust petitions and applications
for injunctions) ; but, as the other parties, who
must be furnished with copies as long as 10 days be-
fore the hearing, are only " tobe taken to have con-
sented to the use thereof," if they do not give notice
of objecting within five days, and no machinery is
provided by the orders for the courtsconsidering the
objection, and dismissing it if futile, the status of
affidavits is left at present rather equivocal.
We think the " orders and rules" likely to be suc-
cessful in the very essential article of promoting
despatch of business. Doubtless, in some respects,
they will be found vague, in others defective ; for
legal practice, and, of all sorts of legal practice, prac-
tice in equity isleast amenable to fore-ordained lines
of route. But time, while it will most surely bring
such imperfections to light, will also best show the
way to cure them ; practice must, in the end, be left
to form itself. We may, however, be pardoned for
noticing two or three points of detail. Thus, we are
inclined to think that, by imposing on the court the
duty of naming a conveyancer to settle contracts of
sale of realty ordered to be sold, and also, in certain
cases, to settle deeds, instead of establishing once for
all a regular rota of retained conveyancing counsel,
according to the precedents of the superior courts of
equity, a rather invidious patronage will be found to
have been conferred on the judges. Again, the pro-
vision for settling the personalty of married women
appears to us capable of being interpreted so as to
restrict the marital right beyond even the actual
practice of the Court of Chancery. Again, we doubt
whether, in ordering the transfer to the superior
courts of all suits, of which, in the course of time,
the subject matter is discovered to be more than
£5OO, and thus, repudiating the option allowed by
the statute itself (sec. 9) of retaining such suits in
certain cases, the framers of the orders have not, in
Lid, abandoned what they were bound to retain.
Various other flaw's, or what appear such, would
doubtless occur to the reader as he glances over the
regulations ; such, for instance, as the absence of
and provision for the examination of witnesses
abroad, and -the omission, in the case of those living
in this kingdom, but within the jurisdiction of a
different county court, to give a party to the suit the
opportunity, on guaranteeing the expenses, of bring-
ing them by subpcena to give evidence in person, in
place of the cumbrous written examination before a
registrar.

But the " orders " must be judged, not by refer-
ence to the defects of detail, but by their capacity
for bringing the new equitable jurisdiction into
harmony at onto with the common law functions
of the county courts, so as to insure equal expedi-
tion, and also with the actual practice of the superior
courts of equity, to such au extent as to make, in
the probably not rare contingency of an appeal, the
previous hearing in the county court as useful an
instrument for stripping off the mere accidents, and
laying bare the real point at issue, as is the hearing
before a Vice-Chancellor of the Master of the Rolls
of some complicated case, afterwards appealed,
-which was originally overloaded with irrelevant cir-
cumstances. The orders" have, to some extent,
achieved the former result. But, as despatch is
hardly at present the point of honour of the High
Court of Chancery, orders which aim chiefly at the
result are not likely so to mould a suit that the ap-
peal court will have nothing to do but to put the few
finishing touches. It will be indeed be curious to re-
mark how the Vice-Chancellors will at first deal with
these novel suits of equity, with their concise state-
ments often drawn by the plaintiffs themselves, and
sometimes replied to by a counter-statement which,
in the absence of interrogatories to compel a ,4 yes"
or a "no," will often tell a perfectly independent
story, and sometimes even not replied to at all ;
since it must be remembered-that a defendant, being
under no obligation, but rather the contrary, to put
in a written answer, may reserve his defence wholly
to the hearing itself, and leave the judge to find
out its salient points. Then, too, there will be
all the evidence, not merely to sum up, but to
collect afresh ; for, while in appeals from one
judge of the Court of Chancery to another, the
judge of the court above has (except in the compa-
ratively rare case of an examination of witnesses in
court) in affidavits and the written evidence before
the examiner, precisely the evidence on which the
judge below based his decision, and has little to do
except compare the latter's judgment with the evi-
dence which are the premises whence it
judge in Chancery will i was de-
duced, the have, n case of
an appeal from a
county court, none of the evidence
on which that court decided, ex"Pt' it may be, in
the shape of a few hasty notes.
In fact, the framers of the, " orders" seem to have
felt that the introduction into their courts of a suit
likely to produce an appeal ought to be discouraged
as an useless waste of time and money ; and this
was doubtless their reason for ignoring, as we have
already pointed out, the option given by the Legis-
lature for the prosecution before them of cases sub-
sequently discovered to devolve interests worth more
than £5OO. But we believe that the machinery, viz.,
cases to be prepared by the parties, or, in the event'
of disagreement, by the judge, proposed by the
" orders" to meet the contingency of appeals for
which, whether many or few, it was necessary to
provide, is certain to prove unsatisfactory. The
scheme looks as though the representatives of the
county courts were ashamed of having their per-
functory equity-litigation revealed to the Court of
Chancery in its own proper deshabille, and wished
to shuffle over it a decent legal mantle before usher-
ing it into that solemn presence. But apart from
the fruitful matter for controversy in the original
settling of these cases, the necessary absence ot. and
means of restraining
appeal
ls
courttem themselves
jsufdrgoen-i
controverting before the
made statement of their case, and the extreme im-

probability that the judges in Chancery themselves
will ever be persuaded to look at facts through the
spectacles of other judges, are not to be considered
as ineradicable vices in the plan.

But the " orders" must not be blamed for having
failed in constructing a practicable staircase from
this sphere to that of the High Court of Chancery.
The two are incommensurable ; the very atmosphere
is different. Let the county courts administer their
equity speedily without straining too fastidiously at
the quality. If any of their suitors are dissatisfied,
the courts are open. If the Legislature's attempt
to save petty equitable interests half the expenses of
proceeding necessary for realising them, sometimes
issues simply in a bill of costs, a third more than it
otherwise would have been, it is not the Parliamen-
tary measure, nor the rules framed for carrying it
into execution, but human nature and human affairs
which ought to bear the blame.—Solicitors' Journal.
Naval and Military Intelligence.

The following farewell address to the troops at
Aldershot was issued by Lieut.-Gen. Sir J. L. Pen-
nefather, K.C.8., in a divisional order on Friday :
"Aldershot, Sept. 29.
" Lieut.-Gen. Sir John Pennefather cannot leave Alder-
shot without one word of farewell to his troops. Upwards
of five years ago the lieut.-gen. received the Aldershot divi-
sion from Lieut.-Gen. Knollys in a high state of efficiency,
discipline, and order. It has been his anxious desire to
maintain it in the same condition, as well as to give effect
to the numerous improvements which have since taken
place in the kind consideration for the benefit and comfort
of the troops on the part of his Royal Highness the Field-
Marshal Commanding-in-Chief and the Secretary at War,
and liberally sanctioned by the Government. If Sir John
Pennefather has succeeded in these objects it is to be attri-
buted to the support and assistance he has received from
the general officers, the officers, both staff and regimental,
in all the departments, each according to his temperament
and knowledge of war, and to the high tone of soldierlike
feeling pervading the ranks, both among the non-commis-
sioned officers and soldiers. The lieut.-gen. requests the
general officers, the officers of all positions, and the troops
to accept his best thanks for their conduct, and his cordial
wishes for their future honour and prosperity.—By order,
E. NEWDEGATE, Lieut.-Col., A.A.G."

Orders have been received at Chatham garrison
directing the following officers to be held in readi-
ness for embarcation to join the service companies
of the 2d battalion of the 10th Regiment in India,
viz., Lieut. J. Carr, Ensign G. F. T. Parker,
Ensign E. B. Burnaby, and N. P. O'Gorman.
Alterations and improvements suggested during

her Majesty's recent visit to the cavalry barracks
at Spital, in the suburbs of Windsor, are being fast
completed by the contractors, Messrs. Myers and
Sons. It is expected that the wing which has been
partly rebuilt and re-arranged will be ready for oc-
cupation by the troopers of the Ist Regiment of
Life Guards (who in the meanwhile have been liv-
ing under canvas in the rear of the barracks) by
about the end of this month. The length of the
altered wing is 227 ft. 6in., and the height about 34ft.
The stabling for the chargers, as before, occupies
the ground floor of the building, at each end of
which quarters for the non-commissioned officers
have been erected. Above the stables there are two
floors, on each of which there are six large rooms,
each about 28ft. long by 40ft. wide, those on the
lower floor being about 12ft., and the apartments
on the upper 16ft. Bin. high, thus much loftier than
on the occasion of the Queen's visit to the barracks.
Each room will accommodate 14 troopers. Plenty
of light and ventilation has been provided, the three-
light windows, both back and front, having 12ft.
openings. The ventilation of the rooms is effected
by five air shafts. Three of these admit a supply
of pure air into the apartments through iron
gratings in the walls. The foul air is carried
away by two square grated wooden funnels
placed near the ceiling, from which they hang
close to the wall and communicate with a
shaft leading to an opening in the roof. Tw o
capacious verandahs, with thick slate floorings, 7ft.
wide, supported by light iron pillars, with ornamen-
tal balconies of the latter material, have been erected
in front of the building facing the barrack-green, and
extending to thenon-commissioned officers' quarters.
They will afford a ready yneans of access to the differ-
ent rooms on the floors. At the back of the various
apartments are rooms for washing. The contrast be-
tween the quarters which have been altered and the
opposite wing, which remains untouched, is very
marked. Besides the improvements already carried
out at these barracks, others are, it is under-
stood, contemplated at Spital by the military autho-

rities. The Infantry Barracks at Windsor are to be
greatly extended, and the old alms-houses in Sheet-
street have just been pulled down to make way for
the new buildings.
The deaths of the following officers have been offi-
cially reported at the War-office since Sept. 1: Gen.
Sir J. Fergusson, G.C.8., Colonel of the 43d Light
Infantry Regiment. Lieut.-Gen. H. W. Gordon,
Colonel Commandant Royal Artillery. Major-Gen.
W. C. Anderson, Royal Artillery; J. M'Duff, C. 8.,
and F. Meade. Col. C. Hogge, C. 8., Royal Artillery.
Lieut.-Col. J. R. Hawkins, Royal Artillery. Majors
W. H. Devon, Royal Marines ; G. Bayly and V. 11.
MaiHs, 7th Royal Fusiliers. Capts. W. Robinson, 23
battalion 19th Regiment; E. J. Stokes, 39th Regi-
ment ; J. Sealy, 4th King's Own Regiment; H. Hol-
linsworth ; F. Comte de la Ville, Roel's Regiment ;
and T. Gough, paymaster, Rifle Brigade. Adjutant
A. E. Stabb, Ist battalion 16th Regiment. Lieuts.
G. P. Alston, Royal Artillery ; J. Emmett, instruc-
tor of musketry, Ist battalion 17th Regiment, H.W.
Hearne, 44th Regiment; R. S. Airey, 73d Regiment,
F. Benthall, 3d West India Regiment : and W. 11.
Buckley. Quartermasters P. F. Foley, 2d battalion
21st Fusiliers ; W. Jones, Ist lbattalion 22d
Regiment ; and T. Walker. Deputy-Commissary-
Generals Osborn and Spurrier. Assist. -Commissary-
Gen. Beech, Deputy-Assist.-Commissary.-Generals
Dashwood and Ingram. Inspector-General of
Hospitals J. Forrest, M.D., C.B. Assist. -Surgeon
Malarky, 27th Regt. Principal Purveyor Wreford.
_ _

Official intelligence of the deaths of the following
officers has been received at the Admiralty since
July 1 :—Admiral of the Fleet, Sir F. Austen,
G.C.B. Admirals H. Meynell, M. White, and W.
H. Smyth. Vice-Admiral G. Woolcombe. Capts.
P. Cracraft, C. 8., S. Wreford, R. Mann, J. Tudor,
R. Streatfield, J. F. Lascelles, J. Eager, and G.
Hillier. Commanders C. T. Donch, H. Hawkes,
J. B. Grove, H. Lawless, W. W. Oke, W. Brown,
E. Steele, W. Somerville, T. Simpson, R. R. Sayer,
H. P. Steele, C. W. Rawdon, E. Beavan, P. P.
Cotgrave, S. Stirling, and R. Hodges. Lieuts. A.
Luckcraft, R. S. Chisholme, H. C. Wogan, G. R.
Keating, and P. J. Lucas. Sub.-Lieuts. J. H. F.
Owen and R. B. Trollope. Staff-Commander R.
B. Gregory. Surgs. D. Saunders, C. D. M'Carthy,
R. Evans, J. Strang, M.D., R. Runciman, W. Ross,
M.D., J. Greenish, and J. Smith. Assist.-Surg. C.
Mortimer. Paymasters G. Lupridge, C. E. Phil-

lips, J. Garby, and R. Wilson. Chief-Engineers
W. Wotton and J. C. Grach. Royal Marines.—
Major-Gen. J. Ashmore, and Second-Lieut. J. S.
Lamborn.

The screw steam troopship Orontes, Capt. Hire,
with troops from Portsmouth, which arrived at Ply-
mouth on Thursday, landed supernumeraries on Fri-
day, embarked additional troops and some seamen
on Saturday, and in the afternoon left the Sound
for China.

The Racoon, 22, screw frigate, Captain Count
Gleichen, discharged her powder and shell yester-
day morning at Spithead, and afterwards weighted
her anchor and steamed into Portsmouth harbour
for docking and refit.

Capt. A. C. J. M'Meekan, First-Lieut. L. G.
men of the Chatham di-
visioncommissioned of
Marine Light Infantry, left head-
quarters yesterday, and proceeded to the Govern-
of Royal
Rodney
ysi First Lieut. 11. B. Isaacson, and 90 non-
ficers and
Milton to undergo a course of
Govern-
went rifle range at
ball practice prior to embarcation.
Rochester the Admiralty have given directions for
At the request of the corporation of the city of
one of the steam dredging machines employed in
Chatham harbour to be towed up the river, near
Rochester-bridge, to be employed in dredging and
deepening the river at that spot. The soil dredged
up from. the bed of the Aledway is used in making
the best kinds of cement, and the whole of that ob-
tained by the Admiralty dredging machines is em-
ployed in the dockyard extension works, Chatham.
It is with peculiar satisfaction that we notice an
improvement in the official Navy List, just issued for
the last quarter. In previous Navy Lists the names