Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1856-12-06

! Wlic Is projected against the means n nuSDhnu may
EN- ploy to secure or prevent or qualify her testimo-
ny, and that he is saved from the temptation. But
it cannot be doubted, that in merely civil causes
not of momentOus interest to the parties, the ad-
mission of this testimony works we'll.
Leaving the court room | passed into the regis
trar's Office. This presents u scene something be.
tween a large collecting attorneys Office, and a
savings bank, as the courtroom reminds one OF n
Probate Court. The course of proceedings is the
best ex planation of tho system.
When a person has a demand for which he wish
es the aid OF tie court, he goes to the registrars
Office and presents his bill. The names of the
parties and Their residents, with a brief .nemoran-
dun of the case, is entered in the books, after the
manner of an attorneys collecting-book. The
plaintiff makes an affidavit to his demand, pays n
small fee, and goes his way. The registrar files
the bill, issues II summons to the defendant, and
the bailiff serves it. Payments must be made in
to the registrars Office. II the defendant pays
the debt, or any part of it, it is credited to the
plaintiff, and notice is sent to him. If he declines
the tender, or if the defendant makes no tender,
and the plaintiff chooses to proceed, the case ].
put on the trial list for a certain day, and the par
ties notified to be present with their Witnesses
When n judgment is rendered, it is entered in
these books, and the costs taken. Each payment
made by the defendant, where judgment is by in
stNlments, is duly credited. These small accounts
require a good many assistants to the registrar,
and the books and business of paying and receiv.
ing, remind one of our savings bank. If the de-
PENDANT fails to pay any instalmen's, execution
issues for the whole debt; but the registrar of this
court, who was a barristef, and a man of charac-
ter and intelligence, told me that the plaintiffs
seldom required it. and found it usually for their
interest to extend the time. In the arrangements
between parties at this Office, the registrar often
exercises an advisory jurisdiction.
This system discloses the secret of the non. ap-
pearancc Of attorneys. The provisions requiring
the registrar to receive and file the demands in the
first instance, and to issue the summons without
formal written pleadings, and requiring that all
moneys shall be paid to him, whether voluntary
payments or on Executions, leave nothing for the
attorney to do. If not so intended, it yet has had
the effect OF keeping OWN a class of practitioners
thai these courts of large business in small
amounts would inevitably have generated. There
is nothing to prevent the employment Of counsel
Tors, either in advising as to the commencement
or prosecution Of a claim, or in conducting the
trial and arguing the cause to the court, but attor.
neys, as such, are not needed; and even counsel
lors, where there Is no jury, no pleadings, small
amounts at stake, and an intelligent iurist on the
bench, are hardly worth their charges, except in
q few peculiar cases. And the Judge, somewhat
like our Judges of Probate, is expected to be the
adviser Of both parties.
These County Courts, which are of recent legis,
lative creation, and must not be COMPOUNDED with
the Sherii's Courts of the old law, were establish
ed i'll the year 1916, by the act of 8 and 10 Victo-
ria, with Il jurisdiction to the extent of EGO. Be-
ing found to work very well, this jurisdiction was
raised to ESQ, and extended over a larger class o!l
causes, by the act of Is and II Victoria. There
is a still further enlargement of their jurisdiction
over classes Of causes, though not of the limit Of
Yecuniary value, in the act of this year.
As the courts now stand, their chief character
istics are the following:
The general jurisdiction extends over all "per,
soral actions" when the debt. damage or demand
does not exceed the sum of ESQ, whether on bal
ance of account or otherwise" From this gener-
al jurisdiction, have heretofore been excluded eau.
SEES in which the title to land, or to "any corporal
or incorporoal Entertainments, or toll, fair, market |
or franchise, shall be in question, or in which the
validity of any devise, bequest or limitation, under
a will or settlement, may be disputed; or for any
malicious prosecution, or for any libel or SANDER,
or for criminal conversation, or for seduction or
breach of promise of marriage" But by the act
of this year, the County Courts may try any caus.
I es, except for criminal conversation, which may
! be brought in any Superior Court OF Common Law
a upon Il written agreement to that effect being sign
q ed by both parties or their attorneys, and filed in
court. And if the title to land, or to any corpo.
real or incorporeal Entertainments, toll, fair or fran
chise, comes incidentally in question, the judge
may decide the question upon the written consent
Of parties, but such decision incidentally given, is
not evidence Of title in another suit. A man can
=, not split up Il larger demand so as to bring it
. within ESQ, but the court has jurisdiction if the
: plaintiff valves the excess over ESQ in his original
q bill; or if a demand originally exceeding that linn
it, is reduced to $50 or less by credits, or by an off
! set admitted by the defendant.
In any case exceeding EGO, if upon contract, or
Go if Tor tort, the defendant may, before trial, re-
move the case to a Superior Court, upon giving
security. Tho judge may change the venue to
any other County Court, for good cause shown;
and any Superior Court may order a case pending
before it to be tried in a County Court, on
> the application of either party, if the demand did
9 not originally exceed ESQ, or If it be reduced tC
that sum by tender, admitted off set or other
u wise.
$ The jurisdiction of the County Courts is not ex
. elusive of the Superior Courts, but suits in the Su
perior Courts for causes within the jurisdiction Of
e the County Courts and discouraged by penal pro
Y visions as to costs, except in cases where the plain
u tiff lives more than twenty miles from the defend
u ant, or where the cause of action arose. out of thu
e county in which the defendant lives, or where ar
officer of the County Court is z party, and Other
0 similar cases in which a special certificate is
granted.
o The jurisdiction Of the County Courts extend,
{ to some cases not of common.law cOgnizance in
England, as cases of demands not exceeding f5(
u respecting the or part of an unliquidated balance
of a partnership account; a distributive share o.
o tie personal estate of a person deceased intestate
" or for a legacy under a will, and in suits of inter
pleader. They have also jurisdiction for summary
y relief where houses, lands, or other corporal he
Z r%editaments are unlawfully withheld by a tenan
a from his landlord.
0 In all cases of a debt, or liquidated money de
: mand, exceeding 600, the defendant must give
s written notice in court Of his intention to defend
: before the return day. If he fails of this, he is
/ liable to be defaulted, with costs. In all other the
!, plaintiff must come to court prepared to prove hi;
d claim, if he hears nothing from the defendant af
n ter summons. All judgments may be for pay
ment by instalments, at the discretion Of tht
judge.
The annual returns of the County Courts t.
Parliament, show the following table of causes en-
tered (which includes all in which q summons il
issued) in all tie County Courts of the Kingdom
1t since their establishment.
Is lS47 429, 2l5 1852 = = 474, IA
1913 = : 1891 1853 = $50, 90
a 1919 : : 395, l9l 1854 = : 526, II
1850 = 396, 1913 1855 = = 53S, lG
1851 : : AL, 584
,r OF these, the numbers, which have been enter
4 LID Cn TIL md In uLial- snlnannLn Lana L..