The Sun.
London, England, 1841-09-07 00:00:00

COUNTY COURTS.

There has just been printed for the House of Lords' a
bill (presented by the Lord Chancellor, and read the first
time on the 27th ult.), entitled "An act to improve and
Extend the Jurisdiction of County Courts."'
The preamble sets forth that, whereas there is much
need of courts of summary jurisdiction for the recovery
of small debts, and for other purposes hereinafter speci-
fied, to be established throughout England ; and
whereas the sheriff of every county hath authority in
his county court to hold plea of personal actions where
the debt or damage doth not amount to 40s. ; and it is
expedient that the jurisdiction and practice of the said
courts be extended and improved, and that provision be
made for holding the county court for the purposes afore-
said before a judge of competent knowledge; be it enacted
by the Queen's Most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal.
and Commons, in this present Parliament assembled,
and by the authority of the same, that it shall be lawful
fur the Lord Chancellor of England to appoint through-
cut England and Wales any number not more than 25
persons to be judges of the county courts, every one of
whom shall be a sergeant-at-law or barrister-at-law,
who shall have been called to the bar and practised
as a barrister for seven years, or an attorney of one of her
Majesty's superior courts of common law at Westminster,
who shall have practised as an attorney for ten years ;
and it shall be lawful for the Lord Chancellor,
if he shall think fit, to remove any judge of the
county court for misbehaviour, or for any sufficient
cause to be stated in a petition to be preferred to him
for that purpose by the justices of the county in ge-
neral or quarter session assembled, and every such
judge shall be entitled to hold his office until he shall
be so removed; provided always, that no sergeant or
barrister shall practice as such uring the continuance
of his appointment as judge of the county court, and
that every attorney who shall be appointed one of the
said judges shall, upon his appointment, and before he
shall begin to act as judge of the county court, procure
his name to be struck off the rolls of every court of
which he shall then be an attorney, on the ground of his
appointment as such judge, and shall not thereafter dur-
ing the continuance of such an appointment be, directly
or indirectly, concerned in any business as an attorney
or agent for any other person, for gain, in any court,
cause, or matter whatsoever, with liberty, nevertheless,
on ceasing to hold the office of judge, to apply for re-ad-
mission to the rolls of the court, according -to the prac-
tice of the court.

Clause 2 prescribes the judge's oath.
Clause 3 provides that judges shall not sit in Parlia-
ment.

Clause 4 provides that the judgemay appoint a deputy.
'Clause 5 enacts that more than one judge may be ap-
pointed for each county.
Clause 6 provides when and where county courts
shall be holden:—viz., that a county court shall be holden
under the authority of this act in every place in which
her Majesty, with the advice of her Privy Council, shall
be pleased to order that a court shall be holden under
this act ;, and every such court shall be holden in each
place at such times and for such district as her Majesty
with the advice aforesaid, shall order ; and it shall be
lawful for her Majesty, with the advice aforesaid, to de-
scribe the limits and extent of the several districts for
which courts shall be holden, and from time to time alter
such disricts as to her Majesty, with the advice afore-
said, shall seem fit ; and the several courts in the same
c.)unty may be holden either simultaneously before diffe-
rent judges, or by adjournment before the same or differ-
ent judges, as her Majesty, with the advice aforesaid,
from tirne'to time shall see fit to direct ; and if the county
court shall be holden under the authorty of this act in
two or more places within the same county at the same
time, the proceedings of each of such courts shall be as
valid as if each court were the only county court then
sitting within the county.
Clause 7 enacts that courts may be holden on the
borders of counties for adjacent counties.
Clause 8 regards the appointments of clerk, bailiffs,
and inferior officers..

Clause 9, that the clerk may appoint a deputy.
Clause 10, that the Commissioners of Treasury are
to appoint a receiver-general.
Clause 11. And be it enacted, that every receiver•
general shall be paid either by salary or by a poundage
on the gross produce of the fees of the courts of which
he is receiver-general, or partly by salary and partly by
poundage ; and every judge, clerk, or other officer of the
county court (except the bailiff) shall be paid by a cer-
tain salary, the salary of a judge being in no case more
than 1,5001., nor less than 800/., and the salary of a clerk
being in no case more than 5001., and the salaries of the
other officers being suitable to the duties they have to
perform ; and the bailiffs of the court shall be paid
by their fees ; and the judge, or, where there is more
than one judge, the senior judge, subject to the ap-
proval of the Commissioners of her Majesty's Treasury,
shall from time to time fix on the number of bailiffs and
officers to be appointed to each court ; and the Commis-
sioners of her Majesty's Treasury shall fix the remune-
ration to be paid to the judges, receivers-general, clerks,
and officers, except the bailiffs ; and from time to. time
the number of bailiffs and officers, and the remuneration
to be paid to the judges, receivers-general, clerks, and
officers, may be increased, or, as vacancies shall occur,
may be diminished, by the same authority by which they
were at first fixed.

Clause 12 enumerates the duties of the clerks and
bailiffs

Clause 13 relates to the fees to be taken according to
the schedUle.

Clause 14. enacts that the fees and monies recovered
be accounted for to the receiver-general.
Clause 15. And be it enacted, that subject to all de-
mands of the parties interested in any balances of mo-
nies remaining in court, and due to them respectively,
the general fee fund shall be applied towards defraying
the expenses of any court which shall be holden under
the authority of this Act in the same county, the fees
arising from which shall not be sufficient to defray the
expenses thereof, and to the other expenses herein
charged upon the said fund, and towards the establish-
ment of additional county courts or debtors' prisons in
any place in that county in which her Majesty shall be
pleased to direct that a court be holden or a debtors' pri-
son provided for the purposes of this act.
Clause 16 provides that the receiver-general account to
the Treasury.
Clause 17, that if the receipts shall exceed the disburse-
ments, the surplus shall be paid into the Exchequer to
the consolidated fund.

Clause 18, that there shall be an issue of money out
of the consolidated fund if the fees are deficient.

Clause 19 enacts that the accounts be audited as public
accounts.

Clause 20, that the fees may be diminished whenever it
shall appear that the monies paid into the said consoli-
dated fund have exceeded and are likely to continue to
exceed the monies paid out of the consolidated fund on
account of the courts holden under this act, &c.

Clause 21 provides that upon the removal of any re-
ceiver-general or clerk, any balance remaining in his
hands may be recovered.
Clause 22 sets forth the mode of proceeding against
the representatives of a deceased receiver-general or
clerk.
Clause 23 relates what shall be sufficient evidence of
holding the office of receiver-general.
_ Clause 24 enacts, that receivers and officers are to give
security.
Clause 25, that the receiver-general is to provide
court-houses.

Clause 26 empowers corporations and others to sell
lands to the receiver-general.
Clause 27 relates to the application of compensation
when exceeding 2001.

Clapse 28 relates to the application when compensation
less than 2001. but not less than 201.
Clause 29 relates to the application where the money
lass than 20/.

Clause 30 enacts that upon question touching title
to money paid into bank, the person having been in pos-
session of the premises be deemed entitled to the money
until the contrary be shown to the Court of Chancery.
Clause 31. And be it enacted, that for raising a fund
for paying off any monies which may be borrowed as
aforesaid for building, purchasing, hiring, or providing
any court-house or offices, and the . interest due in re-
spect thereof, and for the other purposes hereinafter
mentioned, the clerk of every court holden under the au-
thority of this Act shall demand and receive from the
plaintiff in any suit brought in that court, before he shall
issue any summons in that suit, the sum of is. when the
debt or damage claimed shall not exceed 205., and for
every claim exceeding 205., 1-20tk part thereof, neglect-
ing any sum less than Gd. in estimating such 20th part,
which sum shall be paid in all cases in the first instance
by the plaintiff upon the suit brought in the court, and
shall be considered as costs in the cause; and the clerk
of the court shall keep an account of all monies so paid
to him, and shalt pay over the amount from time to time
to the receiver-general of the county court, and the
amount thereof shall accumulate separately on accoent-of
each court, to form a fund to be called " The Building.
Fund of the County Court of ,at ," and shall be ap-
plied in the first place towards paving the interest of the
several sums so borrowed, and in the second place towards
paying off the several principal sums borrowed, in the order
in which they were borrowed, and in the third place to-
wards defraying the other expenses hereinafter charged
on the building fund ; and as soon as enough of money
shall have been raised in any court to satisfy all the pur-
poses aforesaid, so far as that court is concerned, the
surplus of the building fund of that court shall be applied
as the other fees of the said court are to he applied ; and
no further charge shall be made in that court under this
enactment, but the expense of repairing and upholding
the court-house and offices shall be defrayed, with the
other expenses of the court, out of the ordinary fees of
the court.

Clause 32 enacts that the receiver-general have charge
of the courts.

Clause 33 enacts that courts of request, &c., are to be
discontinued.

Clause 34 enacts that the chairman, registrars, clerks,
&c., of these discontinued courts may receive compensa-
tion, if not re-appointed.
Clause 35 enacts that the court-house, if discontinued,
shall vest in the receiver-general of the county court.
Clause 36 makes provision for outstanding liabilities of
discontinued courts.

Clause 37 provides that the jurisdiction of the county
court be extended to 20, . _ _

Clause 38 enacts that the process of the court be under
seal.

Clause 39 enacts that the suits be by plaint.
Clause 40 relates to where suits shall be tried.

Clause 41 enacts that demands are not to be split.
Clause 42 enacts that minors may sue for wages.
Clause 43 enacts that no privilege shall be allowed to
any person to exempt him from the jurisdiction of the
county court.
Clause 44 enacts that one of several persons liable
may be sued.
Clam;e 45. And be it enacted, that the judge of the
county court shall be the sole judge to determine all
actions brought in the said court in the summary manner
authorised by this act, and all matters and questions of